Divorce query

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abrakadbabra
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Tilmeldt: 05.05.2013 16:38:41

Divorce query

Indlæg af abrakadbabra » 14.02.2016 09:45:47

Hi Experts,

A short question about divorce process,

Does spousal support also means division of bank balance apart from monthly maintenance?

Can a wife claim a share from bank account of husband which is in his name only and only his earnings have been accumulating in it?

Regards

mh1
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Re: Divorce query

Indlæg af mh1 » 14.02.2016 20:10:33

I assume you are asking according to Danish law?

If so: spousal support (alimony) is rarely given if the marriage + pre-marital co-habitation has lasted less than 2-3 years if there are children, and less than 5 years if there are no children.

In marriages shorter than 20-25 years, the alimony period will usually be limited. It can be as short as 2-5 years, or up to 8-10 years, depending on the length of the marriage, whether the receiving spouse was an at-home houseperson, and the receiving spouses ability to support him-/herself after a period of rehabilitation to work.

If spousal support is to be given, the general rule is that the support is calculated as one fifth of the difference between the spouses' gross income. If one earns 100.000 DKK/year, the other 500.000, the difference is 500.000 - 100.000 = 400.000. The support will then be 80.000 DKK/year.

If you do not have a pre-nuptial agreement about separate property, and your spouse does not have any assets, you will have to share half of your assets after deduction of debts (the assets and debts that existed when the separation or divorce proceedings began).

If you have 100.000 DKK in the bank where the proceedings began and no debt, you have to share the 100.000. If you owned shares before the day where the proceedings began, and these shares triple in value after that day, you will have to share the value they have on the day of the calculation of your respective property. If you have won the lottery AFTER the day where the proceedings began, you do not have to share the lottery winnings.

If your spouse have assets, you will still have to share your property, but she will also have to share hers with you.
mh
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abrakadbabra
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Re: Divorce query

Indlæg af abrakadbabra » 15.02.2016 14:25:56

Thank you so much, mh.

my wife deserted me and went back to home country 5 years ago. so we are unofficially separated. And, I have not been supporting her or my child since then. no contact of any sort since then. so if I apply for divorce today, will the current amount in my bank will be taken or the amount when she left from Denmark?

she was a housewife, and eventhough she might be working now but she will definitely claim to be unemployed and it will be hard for me to prove her wrong.

is alimony and spousal support the same?

mh1
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Re: Divorce query

Indlæg af mh1 » 15.02.2016 23:07:42

If you did not apply for an official separation, then you have to share the value of your assets on the day of application.

Yes, alimony and spousal support are the same.

If your wife has not sued until now in spite of knowing where she could find you, she will probably not have all that much of a claim. You will not be forced to pay for the time passed.
mh
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abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce query

Indlæg af abrakadbabra » 16.02.2016 11:57:05

Thank you, mh.

mh1
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Re: Divorce query

Indlæg af mh1 » 17.02.2016 09:18:25

And - just as information: you will have to disclose your economic transactions also for a period before the date you hand in your application. A sudden, noticeable decrease in your assets shortly before that date will be considered as an attempt at fraud.
mh
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abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce query

Indlæg af abrakadbabra » 17.02.2016 09:59:19

thanks mh,

this is very important infomation you have given.

abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce query

Indlæg af abrakadbabra » 17.02.2016 10:01:05

mh,

if I buy a property now with my savings before applying for divorce, will that be also considered as a fraud?
if not, then will that be taken for division of assets? but how will my wife get that division when she is not even in Denmark

Regards

mh1
Indlæg: 10609
Tilmeldt: 25.09.2007 11:20:33
Geografisk sted: Istanbul, Tyrkiet/Tyskland
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Re: Divorce query

Indlæg af mh1 » 17.02.2016 23:17:42

You do not divide the assets as such, unless it consists of cash. You divide the value of the assets. If you buy real property, it has a value, and that value you will have to share.

You may deduct whatever mortgage you have had to take, but since you will be making a downpayment in cash, there will be the same amount in 'free' value, and you will have to share this, just the same as if you left your cash in the bank. You will probably have to pay the money to the court or transfer them to your wife's attorney.
mh
Rådgiver for ÆUG

abrakadbabra
Indlæg: 96
Tilmeldt: 05.05.2013 16:38:41

Re: Divorce query

Indlæg af abrakadbabra » 18.02.2016 11:13:25

thank you, mh.

very helful information.

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