Filing for divorce in Michigan. I am currently unemployed (per my husband's request), and being treated for medical issues as well as anxiety. Due to my current state of health, I need to be near a support system. The only place I have to go is with Family in Ohio. I will need enough money to survive once I am gone. So, say for example, there is $50,000 in savings. How much can I take to survive on through the divorce and to get on my feet? I know once I am gone, if I don't take something, my husband will make things very difficult for me financially.
Please talk to an attorney before you do anything. There are motions that can be filed along with the complaint, or at anytime thereafter, that will help to protect you financially. I would need to know much more about your situation before I could give you sound legal advice on how much money to take or exactly what motion should be filed. A motion for spousal support or a motion to follow status quo are just a couple of ideas that may work in your situation.
This is not legal advice only general information. Should you seek legal advice you should talk personally with an attorney.
This is a complicated situation and more information is needed to give a complete answer. If your name is on the savings account, legally you can take money out of that account. Whether you ultimately have to pay some of that back to your husband is an entirely different issue that will be decided through your divorce proceedings.
If you file for divorce, you can also file a motion for temporary order asking for spousal and/or child support for the duration of the divorce proceedings.
The answer provided above is not intended as legal advice; it is provided for informational purposes only. Please contact an attorney for legal advice.
Divorce is very complicated. You have left a lot of unanswered questions including whether you have children. I strongly recommend that you consult with a lawyer in your area before you do anything. The lawyer can help you to decide how best to handle your situation. Best of luck.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
If you're looking for a definite answer, such as "go ahead and take 10 grand," more information is needed before such definite advice can be given.
I understand you want the ability to support yourself - and I commend you for wanting to do that.
However, as other counsel has mentioned, more information is needed, such as: what is the original source of the savings account (if you take money from it and it is separate property, it may need to be paid back at some point, as others have pointed out). What is the need for support (yours and others, if there are minor children in the picture)? Are you considering relocating? Before you file for divorce, you will need to have established a minimum number of days in the state in which you file (Michigan requires 180 days in the state before you file, and 10 days in the county of filing).
Talk to a family law attorney before you file.
Is this a “helpful” or a “best” answer? Please mark it if it was, and I hope it was! Thank you! Nancy L. Ballast is an attorney in west Michigan, with a practice centered on family law, estate planning, and property law. Grandrapidslaw.blogspot.com
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