Legal Question in Family Law in South Carolina
financial security
My husband is emotionally and verbally abusive to both me and my 9 year old daughter. I wish to leave him, but we have a joint account with very little money. I am employed full-time. He is unemployed. I wish to set aside money in order to provide a place to stay and money for an attorney and a new start, however cannot withdraw from our account. If I open a seperate account at a different bank than from where our joint account is located, will he have rights to half of the money that I set aside for me and my daughter if it is direct deposited from my pay check?
1 Answer from Attorneys
Re: financial security
This question is more complicated that it might first seem. The short answer is that all marital assets will be equitably divided between the parties, but the equitable division doesn't necessarily mean 50/50 of each asset. If you solely contribute to the accumulation of an asset, then you may end up with more than half of that asset. Also, if you spend the money on hiring an attorney, then those funds will not be there to be divided.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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