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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-21-2005, 11:11 PM
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Join Date: Oct 2005
Location: ventura county
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Question Property/Asset division

I am still living in our condo with my husband. I asked for the divorce. There have been problems for a long, long time. I have tried to just keep the peace, be the good person and stay married, because "till death do you part"....

I finally had to make some changes because I could see the effects on our son. I started standing up and making rules. It really started helping. Then I decided I just had to end this marriage. Us staying together not being in love, we hadn't slept in the same bed most of our marriage. Okay enought background.

We are going to a mediator who will do all of the paperwork for us. My husband is to be served at medation on Monday. We are still working on the agreement for the division of property/assets. The parenting plan I am fine with. Here's the rest:

My husband wants to stay in the condo for up to three years (till our son graduates high school) and then sell and we both get the equity. I would then move out into an apartment. I am concerned because I feel like I will have to go through this all over again in three years and I wonder if I will ever see the equity money. Plus I've always been told (as has my husband) that you should never move out when it comes to divorce. That's my first issue that I don't know what to do with.

Then I have company stock. The agreement is we sell up to $2000 worth to give me money to move into an apartment. The the balance of the stock I am to split in half and transfer my husbands half into a new account he will have set up.

I made 10,000 more than my husband last year. We will have 50/50 custody - the mediator is figuring out how much child support I will have to pay.

My husband wants me to cover our son on medical, he will cover on dental and vision. First of all dental and vision cost much less than medical. I wanted to see if me covering him on medical insurance would take anything off child support. I think it will come to $100 or less per month for the child support and the medical insurance will cost me $80 per month to cover my son.

My husband is asking for spousal support. I don't feel I made that much more than him to have to give him spousal support???

My 401K. I had some $$ in my 401K prior to our marriage that I earned while being a single parent with no child support or help. I want to know if I have to give any of that part to him. The way I thought it worked was I would subtract what I had in the account prior to our marriage, subtract what he has in his (about 1/4 of what I have) and then divide by 2. Does that sound right. The other part of this is that I am 48 and five years older than him...closer to retirement. It will mean working more years to try and make up the 401K and stock money...

I really want to do the right thing, but also want to watch out for myself. Can I get some advice/input?
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