AITA for helping my friend hide money from his soon to be ex-wife?
My friend (27M) married his wife (27F) 3 years ago. Unfortunately, neither of them talked finances before marriage and neither of them got a pre-nup. He makes about $70k, she makes about $55k. However, he bought 15 Bitcoin in 2013 for a pretty good price.
My friend (27M) married his wife (27F) 3 years ago. Unfortunately, neither of them talked finances before marriage and neither of them got a pre-nup. He makes about $70k, she makes about $55k. However, he bought 15 Bitcoin in 2013 for a pretty good price. He sold 5 of them in 2017 to help buy a house with his wife (then fiancee).Fast forward to now, they are divorcing because she found a job with a 20% raise and guaranteed promotion within 2 years, but it is several states away (All three of us live in the same town in Missouri, the job his wife wants is in Seattle) and he does not want to quit his job or leave his parents, who are in their 60's and his mom has Stage 2 cancer.Now initially, his wife did not know about the Bitcoin, as my friend only told me and a few other people. But one of them must have told her, since she wants half of it now even though she didn't buy it (yes I know what community property is). His argument is that since he bought them before marriage and never mixed the remaining 10 with martial assets that she should not have a claim to it and is refusing to split it.One day, he invited me (25M if it matters) to lunch and basically told me he had a plan so "that bitch steals nothing". His plan involves spending a good chunk of it on a vacation and new car. Totally legit and I see nothing wrong with that. He also wants to put some towards his mother's medical bills. I think this is also fine, chemo is expensive. But the gray part is that he wants to give me part of the remaining bitcoin cash-out until the divorce is final, where I would then give him back 95% and keep the last 5% as a token of thanks. The split would be about 20 - 30 - 50, respectively. I realized that he would basically be spending his half on the vacation, car and medical bills and then giving me his wife's "half" so she cannot get it.He sent me the Bitcoins last night and I have put them into my newly-made portfolio. But my girlfriend (22F) saw the brokerage app and asked what was up with that and I explained the situation about holding onto the Bitcoins for my friend. She replied that it sounds illegal (She is a law student) and it is also an asshole thing to do and called me an asshole and hasn't spoken to me for nearly a day.
Now between my guilt and what my girlfriend said I feel conflicted. AITA?
Source: Reddit
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Comments from Harsh Truths of Love
I completely understand the concerns that OP’s friend is experiencing. During a divorce, it’s common to panic and worry that the other party will take everything, or to feel vulnerable and at risk of being taken advantage of. It’s easy for someone outside the situation to say, "You’re overreacting, relax," but when it’s happening to us, the panic is real.
That said, there’s no need to hide or transfer assets to friends. It’s important to understand the concept of separate assets, which refers to assets acquired before marriage. Since OP’s friend bought the bitcoin prior to getting married, the money used to purchase them is considered separate property.
If the asset in question is an investment, what happens to its growth? This is where the concepts of passive management and active management come in. Active management involves actively buying or selling assets to benefit from growth. So the active growth is considered marital property. But if it’s passive, meaning if you just invest it with your separate asset and let it sit. The passive growth is still considered separate property. In this case, he simply let bitcoin appreciate on its own, which means it remains a separate asset by nature. So there’ sno need to go around to hide the asset, or dissipate the asset just so it doesn’t get dividived in the divorce. It’s not going to get divided in teh divorce from the every beginning.
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