Legal Question in Family Law in California

My husband and I are divorcing. We have been married 31 years. Are children are over 21 and out of the house. I have never worked. I have no skills. Am I entitled to alimony, if so, how much and for how long. My husband makes $86,000 per year, gross. Also he has a pension PERS. When he retires, he receives 80% of his pay for life. Am I entitled to any part of that pension. If so, how is it valued.


Asked on 8/10/10, 1:54 pm

1 Answer from Attorneys
Myava Escamilla Law Offices of Myava R. Escamilla

Based on these facts, yes. You would be entitled to spousal support, at least part of the pension, a division of community property and the debt, and other community assets. You have a long-term marriage (over 10 years) and he is the breadwinner. If you had good representation, you could potentially be looking at spousal support for life, depending on how old you both are...Your attorney should review all the factors upon which an award for spousal support is based and run a "dissomaster" with you. Look at Family Code section 4320.

http://law.onecle.com/california/family/4320.html

And the pension can be divided a few ways, one of which is a QDRO.

Sounds like you have a good case. Find a good lawyer, don't be afraid to shop around and have a few interviews. You may be able to find one who will work with you based on a high probability of receiving attorney's fees in the dissolution.

Good luck!

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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Answered on 8/15/10, 2:50 pm


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