Posts

Greg is talking to experienced divorce lawyer, Jeb, about property distribution in a divorce.

“We have separate bank accounts and that $60,000 is in my name alone,” Greg says.

“Doesn’t matter,” Jeb advised, “it’s still marital property.”

“What if I should spend the $60,000 before the divorce?”

“It depends on how you spend it.  If you buy a car or a Rolex, those items become marital property.  If  you buy consumables, then the money is gone and the court can’t divide it.”

“What if I give it to my brother as a gift?”

“That won’t work,” Jeb told him.  “The court can undo that gift.”

(to be continued)

 

Albert  Mumma married Jean in 1952 and they had three children together.   Albert supported the family as an architect.  He had an office in Georgetown.  In 1968 the parties had a violent altercation and they decided to divorce.

The judge awarded $200 a month in alimony and $500 a month in child support to Jean, plus attorney fees and costs.  Albert appealed complaining that he was ordered to pay support of $8,400 a year, while his income was only $9,422 in 1968 and $12,726  in 1969.   Jean countered that, among other things, he received gifts from his parents.

The DC Court of Appeals reversed the trial court, holding that “gifts do not constitute income” and suggested that Albert’s income tax returns would be an appropriate guide to his actual income in the absence of affirmative evidence otherwise.

Mumma v. Mumma, 280 A.2d 73 (1971)