Question:

My spouse bought a new car last week and is trying to get alimony. Are they allowed to buy a car during the divorce process?

Answer:

I have not been retained as your attorney so I cannot give you legal advice. However, I can offer some general information that may help you.

Unless there are any outstanding court orders that say otherwise, if this was the state that I am licensed to practice in, Arkansas, then your spouse would be allowed to purchase a new vehicle. In my state, until a divorce is granted, all property acquired during a marriage — including the separation — is considered marital property. This means that the vehicle they purchased could be considered marital property and you could have a claim to it.

Also, keep in mind that in my state, the primary factors to be considered in making any spousal support award is the need of one spouse and the ability of the other spouse to pay. The following are secondary factors that the court will consider: (1) financial circumstances of both parties; (2) the couple’s past standard of living; (3) the amount and nature of the parties’ current and anticipated incomes; (4) the extent and nature of each person’s resources and assets; (5) the amount of income of each party that is spendable; (6) the health condition and medical needs of each party; (7) the duration of the marriage; (8) the amount of any child support award; and (9) the earning ability and capacity of each party. Additionally, in my state, the trial court may consider in their decision on whether to award spousal support, additional factors based in light of the particular factors of the individual case. So, depending on what funds they used to purchase the vehicle, this could be used in your argument as to whether or not there really is a need for spousal support.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Arkansas divorce lawyer Giana M. Messore, contact Cordell & Cordell.