Divorce is on the process ,my husband just got fired. and i just got a job. but he has money and houses and i don't have .Do you think i will give spousal support? Do you think I can have some of his assets which he bought while we are married. CA. state.
2007-01-07 21:17:00 · 8 answers · asked by mama 1 in Family & Relationships ➔ Marriage & Divorce
You're not going to get anything you don't ask for. Have you asked for a portion of the assets of the marriage? Yes, he can ask for support, and he may get it on a temporary basis, but he can't just decide to stop working if he had been throughout the marriage. The courts are the ones who decide what happens. Every case is different. The best person to ask for answers would be your lawyer. You have one... right? If you don't, and you have marital assets of value, you need one. You lawyer should have experiences dealing with the courts and judges you'll go through. They will give you a picture of the possible outcomes based on your marital history, assets, and how much you're willing to pay in fees.
2007-01-07 21:30:47 · answer #1 · answered by QTPYE 3 · 0⤊ 0⤋
California is a joint property joint asset state where assets are concerned. 50/50 in the court.
In the financial affidavits that are presented to the courts they will view tax records for 2-3 yrs as to your husbands earning potential. Depending on how long you have been married he could be having to pay you maintenance (spousal support for 3-5 years) If he just got fired the judge might not grant anything.
Seek out 1/2 of all assets, 401k, pensions, bank savings, checking everything. Let the courts decide what should be legally yours.
I hope you have a good atty in CAlifornia to represent you!
2007-01-08 06:36:11 · answer #2 · answered by aunt_beeaa 5 · 0⤊ 0⤋
I think you can fight this if you have a really good lawyer. Spousal support isnt even mandatory anyway, so you could always propose neither of you recieve spousal support, especially because you both have a new job issues. Also, I think spousal support is veiwed by the marriage as a whole, such as if he made the moset money during most of the marriage, he may still be responsible to giving you the support. Spousal support can be typically one getting a car, and the other is in charge of the payments. on another note too, the assetts are as you say "his", but, you are in a community property state, what the two of you earned in the marriage is both of yours, even if its in one persons name. If he has any savings, 401k, anything as such, it SHOULD be divided equally between the two of you, even if he was the bread winner. But I am curious, in a first hearing during the divorce, spousal support is one of the first things ordered out. unless you havent gone to your first hearing yet? talk out all options with your lawyer and I really think your lawyer can push for you not to pay your ex due to your history and how new the circumstances. are there kids involved? if so, well, you will probably pay him, because child support is based on both incomes and the one who makes less gets paid.
2007-01-08 05:37:59 · answer #3 · answered by dianek 2 · 0⤊ 0⤋
YES! Whatever he bought while you are married...50% of it is yours. They *might* make you pay but not likely. You would for sure pay if he had been the stay at home dad and not had a job the whole time you were married. ALso you JUST got the job so taht would be a no on having to give him money. Try your best to get as much as you can from him..becuase as soon as he can hes going to give it all to another women. Dry him out and move on! Good luck!
2007-01-08 05:23:16 · answer #4 · answered by I hate stupid ppl like you 4 · 0⤊ 0⤋
i think spousal support is only order when the spouse did not work while you were married not sure though. and if the assets where brought while you where married i think you are entitled to something
2007-01-08 05:39:42 · answer #5 · answered by jumiboo 4 · 0⤊ 0⤋
Do you have a prenup, I would check that contract before proceeding. I would also check with your lawer as I am not a professional nor do I have the credentials to back up anything I may say.
2007-01-08 05:28:55 · answer #6 · answered by BURN180 1 · 0⤊ 0⤋
honey if you have the right lawyer you can have everything . Make sure you get a cut throat that way you dont get shafted or hosed as they say nowa days. Make sure that your lawyer knows about all the property and stuff . Make sure you get practically everything . good luck .
2007-01-08 09:59:22 · answer #7 · answered by Kate T. 7 · 0⤊ 0⤋
Yes, but in your case it's not likely because you were not the majority money maker for the majority of your marriage.
2007-01-08 05:28:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋