Financially Irresponsible Husband Might Leave State With Me Holding the Bag
Reader’s Question
I have been married for 39 years. My husband has his own business, but he has never been honest with me about his bottom-line income from his business.
We have had financial problems all our life because of my husband’s lack of responsibility and failure to meet our obligations. We took out an equity loan on the house so he could buy a car, but he has not kept up with payments and borrowed on the balance without my knowledge. Now, it seems that we still owe as much as we did six years ago on this line of credit. That is just one example of his lack of responsibility. He is now looking to get work out of state where my sons lives with his family. He has told me that he is looking. I learned it by checking things out. What are my legal rights if he leaves the state? He is going to say it is temporary to make money to catch up on bills, but I know he is planning to move permanently.
Our Clinical Psychologist’s Reply
Although you and your husband have been together 39 years, it doesn’t appear that you have truly been “married” in any traditional sense. Marriage is the ultimate joint venture, and openness and honesty, especially about finances and obligations, is absolutely essential to a sound marriage. From what you say, however, financial matters are not the only thing about which you have difficulty trusting your husband.
Some states that have “community property” laws treat marital income and obligations very differently. From the brief research I did, it appears that your state is not a community property state. It is a separate property state, but it is also an equal contribution-distribution state. This means that property and assets acquired during a marriage are most often viewed as belonging to both parties and are divided equally upon a marriage dissolution. I cannot give you legal advice, but from all that you report it appears clear that you might benefit from visiting with a lawyer or financial consultant about these matters and concerns.
