Married for 2 Years: Can She Take Half of Everything?

Posted by William H. Sherman on Apr 28, 2014 | 0 Comments

Question: My wife said she wants a divorce.  She thinks I was having an affair with our neighbor in Milton.  We were not having an affair but I do go to her house a lot to do some household chores and help fix her car.  I did once sleep over but she was scared because someone threatened her daughter at school.  Her husband works for an oil company and is the Middle East for a job about 6 months of the year.

My wife said she's entitled to half of my business and retirement accounts and that she can take half of the value of my car collection.  I work in Forsyth County where I started my business years ago.  We have been married for only 2 years.  I started my business in Cumming almost 30 years ago with just one truck.  Now I have 200 and service clients in Georgia, South Carolina, Florida, Alabama, North Carolina and Tennessee.

My car collection was appraised at $500,000.  Most of the cars I got from my father, who was a NASCAR driver and former bootlegger.

Will she really get half of everything?

Answer: Although you provided only a small amount of facts, it appears that your wife is not in an advantageous position to claim half of your assets.  A court will look at such things as the duration of the marriage and when the assets were purchased.  Your business has been in existence for a few decades and the automobile collection seems to have been acquired mostly by your father.  I assume you started the retirement account years ago.  It sounds that her claim to half your assets is unreasonable given the relatively short duration of the marriage and when the assets were acquired.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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