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Risk of sending money to son before possible divorce


23-Jun-2026 (In Divorce Law)
My son lives in Illinois, USA. He is married to a US citizen for 1 year and has a conditional green card. They have some marital issues. We want to send money to his individual US bank account. He and his wife also have a separate joint account. If divorce happens, can his wife claim money sent by parents to his individual account? If he returns it to us before divorce filing, can it be seen as suspicious during divorce ? Is it safer not to send now? How is property divided in divorce?
Answers (3)

Answer #1
580 votes
The answer depends on the laws of Illinois and the specific facts of the marriage. Generally, funds received by a spouse as a genuine gift from parents may be treated differently from marital assets, provided proper records are maintained and the funds are not mixed with marital finances. However, transferring or returning money shortly before divorce proceedings may invite scrutiny regarding the purpose and nature of the transaction. Therefore, complete transparency and proper documentation are essential. Property division in Illinois is governed by local law and may consider marital and non-marital assets separately. Your son should consult a licensed Illinois family law attorney before receiving, transferring, or returning substantial funds to avoid complications during any future divorce proceedings.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

LawRato Chennai | 100+ Answers
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Answer #2
964 votes
Since your son resides in the USA, the rights over money and property will be governed by the laws of the relevant U.S. State, not Indian law. Money gifted by parents may be treated differently depending on the purpose, documentation, and whether it was mixed with marital assets. Returning funds before divorce proceedings may also have legal implications if questioned later. In matters relating to NRI divorce, U.S. family law, property division, marital assets, and financial disputes, it is advisable to consult a lawyer practicing in the concerned U.S. State before taking any financial decision.
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Advocate A.K Azey Kumar Rhakul

Adv. A.K Azey Kumar Rhakul

LawRatoMadurai | 50+ Answers
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Answer #3
965 votes
Hello Sir/ Mam, it will be advisable not to send the money right now because of the ongoing divorce proceedings. and if you send that money the wife can claim half share or an amount as a maintenance. it is better if you consult an Advocate near you for better clarifications or you can call us as well for further information. thank you
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Advocate Adhithyan C

Adv. Adhithyan C

LawRatoCoimbatore | 100+ Answers
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