Financial settlements in an Oregon are usually paid only after a judge has signed off on an agreement, but a former out-of-state attorney general is hoping to handle things a little differently. She recently requested that her soon-to-be ex-husband pay her $1 million of the approximately $6 million she expects to receive once their divorce is finalized. The $6 million is not only in reference to money, but also covers the marital assets that will be distributed upon the finalization of the divorce.
She is currently only asking for a partial distribution of their joint marital assets as a solution to her soaring legal costs. While serving as attorney general in another state, she was charged and convicted of perjury and other crimes. With her upcoming sentencing and subsequent appeal, she insists that her husband would actually find it in his children's best interests to pay out the partial distribution, as a more favorable criminal court outcome would limit the negative effects on their children.
Her petition for the partial distribution also insists that her ex-husband will not suffer financially from this move. As she points out, the $1 million would not be in addition to the $6 million settlement, and he would actually receive credit for it during the final asset distribution. The petition also outlines her current unemployed status as her need for the partial distribution. Currently, her only income comes from child support and alimony payments.
This is not the first petition filed since the couple initiated divorce proceedings in Dec. 2014. Earlier in 2016 her ex-husband actually sought to halt future alimony payments. He later had to pay her about $100,000 worth of martial assets for improperly withdrawing funds from a jointly owned investment account.
Proceeding through a high-asset or otherwise contentious divorce can be an emotionally frustrating process. This is especially true when alternative-dispute resolutions -- such as mutual negotiations or mediation -- are not effective for reaching agreeable settlements. When this happens, most couples in Oregon can move to the family law courts, where a judge will have the final say on matters of contention.
Source: mcall.com, "Kathleen Kane seeks immediate $1 million in divorce case to cover legal bills prior to sentencing", Terrie Morgan-Besecker, Sept. 7, 2016