Legal Question in Family Law in Wisconsin
Divorce
My husband works in real estate and during a conversation last night told me that he thinks that he is going to start putting all of his paycheck into his ''business account'' and then draw a paycheck from there monthly. He says that the sole purpose is for business reasons. I am not listed on his business account. We are not to the point of divorce yet, although there has been talk. If it were to get to that point would I be entitled to half of the money that is in his ''business account'' because it is martial assets, or, since it is only in his name is it his since it has not been co-mingled?
1 Answer from Attorneys
Re: Divorce
So why do you think that suddenly there is a business reason for this change in handling his money? From what you said it is being done in contemplation (or at least concern about) a separation/divorce. His motivation could be as simple as not wanting YOU to be able to drain the account or he could be planning to do things with the money he doesn't want you to know about. But there probably is a reason other than a business reason.
Otherwise the character of the income and/or asset does not change just because he puts it into a different account. If you were entitled to 1/2 before you are still entitled to 1/2 now. It may be more difficult to track and trace through this account however.