Is this illegal before proceeding with a divorce?

Question

Here is the scenario: A husband and (his second) wife (with no common children) have always kept their finances separate. The wife has never worked during the marriage but the husband would give her a monthly "allowance." There was no prenup. The couple is considering divorce. Would it be illegal for the husband to make large monetary contributions toward his grandchildrens college funds before the divorce without informing the wife? (Unethical yes, but is it illegal?)

What about if he were give his children large monetary gifts as well?

Answer 1

I don't think it's illegal but, it will probably become an issue in court and may make the husband look bad.  Also, I think the gifts need be kept under 5k to avoid paying gift tax.  

Answer 2

It is actually more of a political question, in a way, as it depends upon the "State of the Union"...

Answer 3

It would be fine. It is his money to decide what he want to do with it. Who on earth would complain about someone wanting to contribute to future education. Now if you are asking if she can get access to it, well I think it depends on how it was set up. You need to contact a lawyer.

Answer 4

If the money is community property, meaning he earned it during the marriage it doesn't matter, she will still be able to count that as community property.

His moving assets does not keep them from division.  

Answer 5

Wages and financial records can be subpoenaed. This could cost more than it is worth and make a judge upset to where he may slam the hammer on the husband.

Answer 6

if the money was given to the children while u were still together, ie you could percieve it as a joint gift.. then i bet the interests of the children will win out.  

i suppose it will be up to the court to determine who's playing the game here.. a honest sincere gift by both of you to the children?

or a tactic to hide assets..

so it could go either way depending on how the judge feels about why and when the gifts were made.