so if i had 92,000 prior to getting married and that money is still in our joint account after marriage do i see my self getting most of that money back after divorce
Division of marital assets is subject to a number of factors set out in the divorce statutes. Each state has its own. No one asset can be subjected to analysis in isolation without viewing all of the assets that both of you own, and without understanding the full context of the marriage including but not limited to your stations in life, the length of the marriage, the lifestyles to which you are accustomed, your educational and employment histories, your current abilities to support yourselves, and many other circumstances.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
If you had this money prior to marriage and could trace it to that time, then yes, it is considered separate property and you are entitled to it. However, if the money has been commingled with the community funds, then it would be much harder to prove that it is separate property.
Paris Kalor, Esq.
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