Legal Question in Family Law in California

Hello, my husband filing for divorce, we've been married 10 yrs. his income includes, retirement, pension and from deceased father. What are my rights?


Asked on 10/16/14, 1:57 pm

1 Answer from Attorneys

Michael Hulshof Michael Hulshof

To ever really get an accurate assessment of property division you should hire an attorney. That being said California is a Community Property state. What this means is generally all income or property acquired during the marriage is 50/50, this includes debts. Retirement (401k, Pensions, IRA's etc.) are viewed as normal community property for division purposes. Pensions and stock however have some specialized rules for division purposes.

Now in regards to your Husband's deceased fathers property that is his separate property unless the will specified x amount gifted to you. I would also consult with an attorney regarding spousal support. In California a marriage is considered a long term marriage after 10 years. It seems you have plenty of issues that would make it worthwhile to seek the assistance of counsel.

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Answered on 10/16/14, 2:06 pm


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