Do I Have to Share My Income With My Husband?

A judge can order you to share your income if you divorce.

As a general rule, when you get married, you and your husband have a duty to financially support one another. In fact, depending on where you live, you and your husband's income may belong to you both collectively. Nonetheless, if you and your husband divorce, you could be forced to share your income whether you want to or not.

Separate Property

If you live in a separate property state, such as Georgia, you may be able to avoid sharing your income with your husband. Separate property, as opposed to marital property, belongs to you alone. In separate property states, property you acquire in your name during the marriage, such as your income, may be considered separate property if you keep it in a separate account and use it for separate purposes. Keeping the funds in a joint account or using them toward marital expenses, such as home improvements, could cause a court to view them as marital property.

Community Property

If you live in a community property state, such as Nevada or California, the income you earn during your marriage is generally considered marital property regardless of whether you keep it separate. Marital property, for legal purposes, belongs to both you and your husband. If you live in a community property state and refuse to share your income while you're married, your income may find another way to make it into your husband's hands if you subsequently divorce.

Alimony

The court won't likely force you to share your income with your husband while you're married. However, if your financial concerns lead to divorce, a court could order you to pay alimony. Alimony is an enforceable court order requiring you to financially support your spouse following divorce. It's typically awarded under circumstances where one party has financially supported a household and the other party needs temporary or permanent financial support to maintain his standard of living.

Child Support

If you and your husband have children and decide to divorce, the court could order that child support payments be deducted from your income. The days where women always obtain custody of their children are gone. If the judge concludes that granting primary custody of your children to your husband serves their best interests, then a portion of your income will go to your husband so that he may financially support them.

Consideration

Laws governing families and marital relations vary from state to state, so if you are considering or are in the process of a divorce, it's wise to consult a licensed family law attorney in your state.

References

• The Missouri Bar: Marriage
• Nolo: Separate and Community Property During Marriage: Who Owns What?