So right-on. The laws are equitable for the most part but in court anything can happen if you don't know how to guide the court to the fair & just rulings which have been accepted. Judges have wide latitude to interpret and apply their pet theories! I speak from experience. Judges are often swamped with cases and want you gone in short order. If the judge decides beforehand that you owe money and there is no counsel on your side, you're toast. Here's some good info to review. Its a good way to get a picture of where you stand, but bring a lawyer if there's much money involved. www.HowToWinInCourt.com?refercode=GL0030
Hit the nail on the head. POW. Need to see a lawyer. SEE him. In person, in your state. Most internet advice is worth exactly what you pay for it. Nothing. Internet legal advice is worth less than that. You can easily screw yourself badly with misinformation in divorce proceedings. I am no lawyer but I do happen to know that one thing you can expect to hear when you are wearing a suit is "Will the defendant please rise?". That's why I always wear overalls and a tshirt.
IANAL, but I would probably divide up the proceeds according to the deposit percentage for each spouse.
You are not a lawyer, the court will decide what will happen Read the posting again. The trading accounts were only funded by the man, no money from the wife. So her deposit percentage was ZERO.
%% That; + marriage is a joint deal/not a do it yourself kit in the woods. No offence intended.; marriage changes all /from me to we.............................................................
The best thing that a really good lawyer can do for you is to aggressively pursue the case to conclusion as quickly as he or she can. The Family Court system eats up insane amounts of money. If a party wants to hire forensic accountants, file motions for spousal support, file motions for the spouse to pay for opposing attorneys fees, file motions for experts like psychiatrists... all that stuff can cost a fortune and drag a case on for years. Unfortunately, the US Family Court system is set up as an adversarial contest that in the end enriches lawyers and court appointed experts at the expense of family civility and assets. Unless there is a family estate or inheritance involved, or a per-nuptial agreement - my one awful experience was that the Judge really didn't have much latitude. For example, if one spouse made 90% of the income during the marriage that spouse was NOT going to be awarded 90% of the assets and property. Judges are not going to stray very far from a 50/50 split. If anything the spouse without the majority earning power gets a greater portion of the property - especially if the party has primary custody of the children. Putting a bank account or trading account in your own name during the marriage does not shield or immunize that account - it's community property by law. Even if you inherit real estate before the marriage and you put your spouse's name on the deed - it's now community property.
TBH I think it is the right thing to do to just split any increase 50/50 even if you think the court will not so order. If you had been single, after all, you probably would have blown it all on guns you don't need, cars you shouldn't have at all, strippers, and dope, right? Single guy stuff. Being married might have contributed greatly to your ability to accumulate wealth. Just sayin. YMMV and maybe you actually prefer a very sedate and low key lifestyle, I don't know. Or maybe she DIDN'T help you to accumulate wealth. Shoes. Dresses. Jewelry. Salon. oh. okay.... But you know what I mean, I think. When you are married you are a collective, like the borg. Not separate entities. At least that is the way a marriage should work. I should know. I am on number 4. But do remember that laws vary from state to state, and it is distressingly common for judges and lawyers to sort of re-write it as they go, anyway. Example. A good friend of mine, now deceased, sold his house after wife left him. He bought a boat. This is in Louisiana. Guess what one of the few things is that an angry wife can't touch in divorce. Yup. He became a liveaboard. We lived on the same pier for 7 years until he died. Ex wife took a lot but he still had the boat. He made some good investments and died pretty well off for an honest NOPD Detective. Ex got nothing, of course. The moral here is KNOW THE LAW, and know when you darn well better be correct in the letter of the law and in the spirit of the law, what you can get away with, what you can PROBABLY get away with, Like @bone said above, keeping it simple and quick can sometimes save you a LOT of money even if it means you give up a little more than you think you ought to. Don't think of it as a war. Don't think of it as your chance to get even. Lawyers love that stuff. YOU CAN GET MORE MONEY. And you can spend a lot more trying to hold on to all that you can, too. I think making a clean break and getting right down to starting over is the least traumatic and most profitable way to go.