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Can my husband's ex come after my income at alimony review if he helps pay my mortgage?

Chicago, IL |

I own a home that I purchased prior to my marriage. My husband is previously married and currently pays alimony and child support to his former wife. As part of our pre/post-nup, we agreed that all assets and liabilities that existed prior to the marriage remain our own. We keep all finances separate other than utility bills that we split 50/50. We also file taxes separately.

My husband would like to start making 50% payment of my mortgage to reflect housing costs. My fear is that if he pays towards my mortgage, it can open up all my finances to his ex during alimony review, child support/college education review, etc. I do not want my money going to his ex, whom I have an order of protection against. I don't need his money to make the mortgage. Is there risk to me if I accept it?

Attorney Answers 3

  1. Your husband is entitled to show living expenses, which could also include partial payment of your mortgage. That will not expose your income or property titled in your name alone to review by your husband's former spouse for purposes of alimony.

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  2. If he pays for half of the mortgage that should not hurt him in terms of paying child support or alimony. It court actually help because it is an expense for purposes of having the ability to pay maintenance to his ex.

    Further as his wife your income will be including in discovery when and if the parties litigate the college expenses of the children, it won't mean you will pay the college expenses but simply as his wife your income is considered in offsetting his expenses and making available monies for him to pay the college expenses.

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  3. There would be no issue with exposing your income or making you pay anything just because he contributes to the mortgage. However, keep in mind that if you open up a joint account with your husband and discovery is propounded upon your husband, they can obtain the bank account statements even though you are on the account.

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