VIC Ex Wife Purchased $70K Car Post Separation, But Pre Property Settlement. How will that be Accounted for?

[collateraldamage101]

We are separated, but living under the same roof while we work out a parenting plan (we have a toddler), property settlement, etc. She'll be moving out soon (to be with the colleague she's been having an affair with) and needs wheels. Yesterday she purchased a used SUV for $70K using funds from our joint account. We currently share a 2013 SUV worth maybe half that.

As I'm likely to get a larger % of the asset pool (for various reasons relating to length of relationship, ongoing child custody, assets owned prior to relationship, her higher income, etc), will I be effectively subsidizing this purchase or will it come out of 'her share' of the asset split?

 

[GlassHalfFull]

I don't know the nitty gritty but ultimately it will be by negotiation. You'd probably have a strong case for arguing that it should come out of her share, but until a judge actually decides it (and lets face it, most cases never reach a judge's decision), it will be whatever you've negotiated with her/her lawyer. Morally speaking, yeah, it's her spending her share early. I'm just surprised you had $70k sitting around in a joint account to be accessed! Normally assets like that are frozen until settlement.

 

[sammy01]

Look it gets messy. So asset division is complex and there is no set rules. So ball park... Add up your stuff... Add up her stuff. Then make an agreement about a %. So her 70K car vis your 30K car means at some point you need to get a bigger piece of pie somewhere else.

How much money is left in joint funds? So back in the day we had about $20k in savings. I put it in my account. She wasn't happy. U'm well she was never happy, but this made it worse. But because it was in my account it wasn't gonna get wasted on a divorce party or something else frivilous and stupid. Just a thought...