EAR: are the value of cigars really an asset in a divorce settlement?

[Ford2112]

Yeah but I buy salad from Trader Joes so I won't die from veggies.

[MrBirdman]

Update: Spoke with a friend in family law about this. With the caveat that he can only speak authoritatively to VA law, his response:

1) The answer depends on where you are procedurally in the case. (Sounds to me like you’ve already started the process)

2) If you used martial assets to purchase the cigars and you’ve initiated divorce proceedings, the value of the cigars now would be part of a division of assets (he couldn’t comment on the Cuban angle but see my earlier post)  

3) Even if you successfully assert the cigars have no legal value, your wife would still be able to take half of them.

4) Any old cigars you bought before marriage you can assert aren’t marital assets (unless you’re in a community property state).

What I (not a family lawyer) take from this is:

1) Virtually all divorces end in settlement, so the legal question of value is likely irrelevant.

2) You will have to tackle the “value” question at some point since your wife clearly understands they aren’t worthless. 

3) Per my earlier statement, if she wants to include cigars you smoke in the meantime she can either insist on having them inventoried and valued (at her expense) or seek a court order requiring you to inventory your cigars and track what you smoke. Either way, the ball is in her court.

4) You also have the option of being proactive and putting a value on the cigars yourself. CC being illegal to resell gives you reasonable grounds to asset their value is acquisition cost (figuring that out would take some time, but naturally be quite favorable to you and much easier than determining market value).

4) You really should ask your attorney about all this😉. Might be worth 1/10th an hour just so you can smoke your Behikes in peace! 

Lastly, the ABA requires me to point out none of the above is legal advice. It’s BOTL advice!

[Havanaaddict]

F it if she's wants to play dirty, tell her you want 1/2 the value of her purses, shoes & jewelry I am sure that was all bought with your $ or "you can keep all your stuff and I can keep all my stuff and we can split the big stuff!😉

[LordAnubis]

Islamically, a divorce is any asset owned before the marriage is the individuals. Anything obtained during is shared. Anything that was obtained during marriage that was for an individual (i.e. inheritance) is not split. Pretty straight forward. 

It’s also dependant on the instigator. If the wife instigates for no fault of the husband it’s basically she walks away with nothing but what she earnt (which is always hers anyway). If husband was unfaithful or broke any other agreement of the marriage (took a second wife as example of it was agreed he would not have a second) then the first paragraph applies. 

[zeedubbya]

Gave up half of my equity in family house for my cigars, I kept all of another one, in my name alone. She knew the value, kind of. One hilarious part of the whole thing is she took on a debt consolidation loan, of which about 1/8 the funds were spent on cigars. The ULTIMATE in strangeness is I’m smoking a cigar (PLPC for those who care) right now on her front porch with her sitting next to me reading a book, while I write this…the house was sold, but a lot of the cigars remain.

** HUGE EXPLANATION— THIS monster was in her head and she had no idea about it….we’re in a pretty good spot now. Life is really funny sometimes with its twists and turns…ya just never know what it’s going to toss your way. Good luck! 

[Çnote]

1 hour ago, zeedubbya said:

(PLPC for those who care)

I always care ❤️