Property owned before marriage

[allemyne]

My father is considering divorcing his wife.  He and my mother bought a house and business years before she died, and we have kept careful records showing my stepmother has never contributed to either (all household bills have been paid for using his retirement income and Social Security; she's never worked, rents out her house and her social security seems to go to her children).  They have not lived as a couple for years, pretty much living completely separate lives (she doesn't cook for him, does no cleaning in the rooms he lives in, etc)

The one thing holding him back is he doesn't want to lose half of the house and business (which he owns on paper and I run for him) or his military retirement.  It's my understanding he wouldn't, as he owned them before marriage and she's never contributed to them (he had been out of the military for years before they married); am I correct?  He changed his will about 8 years ago leaving everything he owns to me, and his health is still very good, so there's no question of senility (except for putting up with her for so long  )

Any advice I can give him?

[Lee Borden]

It depends on where he and his wife live. If they live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and (sort of) Wisconsin), he's pretty safe. In the other states, it will depend on the extent to which he and his wife have used these assets as family or marital assets during their marriage together, how each party has behaved during the marriage, who needs what, and who is going to receive what other property and debts.

It's a myth that he would have to share all his property 50/50. In a short-term marriage, the party who brought an asset to the marriage is relatively likely to be awarded that same property in a divorce. And the longer he stays married, the more of his wealth he will be required to share.

If these assets he wants to protect are significant, I would think it would be worth it to him to purchase an hour of a good family lawyer's time so he can lay out all the circumstances of his marriage and begin to understand how a judge might view it in a divorce. It may help him sleep better at night, even if the news is not what he wants to hear.

[allemyne]

They live in Alabama.  She has never allowed her money to be put into the household account, and all household bills have been paid from that account; her moeny has been strictly hers.  Basically, her theory has been what's hers ihers and what's his is hers.  Dad went so far as to take the checkbook away from her a year or so ago - he and I are the only ones allowed to use it (she's not on the account at all)  The main problem is that they have been married for 16 years, but it's a well known fact thet have not been truly a couple for most of that time - there are several of her family members willing to attest to the fact that she has used him blatantly.  She has told him often in front of these people that she'd be willing to leave if he'd make it worth her while, and has made statements along the lines of "Sometimes people die in their sleep"; she's even gone so far as to accuse him of stealing her wedding bands (they were pawned by her son, but she threatened to swear he stole them)   All in all not a good situation . . . and I'd like to see him out of it with minimal damage.