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.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.