Legal Question in Family Law in California

Division of assets due to divorce

My ex-wife has bipolar disorder and filed a divorce and left me and 3 kids in Aug 2003 for no reason. The divorce was finalized in Oct 2003. She had the ilness for about 7 years now and it has been hard for all of us to deal with her. She is currently living at her mom's house and could not find a job due to her illness. The division of all properties/assets is not done yet. Will she get her share of the assets (even if her illness will make her waste the money because she already wasted about $60K so far)if she decides to? What percentage (approximate only) will she get? Are the assets including my 401K going to be divided from the value when the division takes place now or from the value when the divorce was finalized in 2003? I mean, are the assets frozen from the time of the divorce? What should I do to freeze the assets? I appreciate your answers to the questions and any other info, suggestions, and recommendations that you could give. Best Regards....


Asked on 5/10/06, 7:57 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Division of assets due to divorce

In many family law situations either one or both of the parties suffers from some alleged psychological disorder, and/or is on some kind of medication for the same. I highly recommend that you go to my family Law web site which is located at divorce-legal.net for valuable information regarding your situation. The basic Law is that all property will be divided equally, and that her share of any 401(k) would be frozen at the time of the legal separation. Without knowing more about your particular situation I cannot say more at this time. If you are located in Southern California you may contact me for a free consultation. Look at my attorney profile in this system for my contact information, or you can find it at the family Law website listed above.

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Answered on 5/12/06, 1:38 pm
KATHIE SIMMONS KATHIE SIMMONS

Re: Division of assets due to divorce

Your former wife is entitled to half of the community property despite her mental illness. The undivided assets are valued at the time of trial on the division so she will get half of any increase that has happened since the status only judgment. If you believe that she is unable to manage her money you should petition the court to appoint you (or her mother) as conservator of her estate. This will be heard in the probate court. Alternately, you may seek child support and request that she be required to place the money in an account to insure payment. Another possibility is to get her to agree to voluntarily put the money in an account that requires her mother's signature to withdraw or a trust account with her mother as trustee. It is always difficult when a family member has a mental illness and an ex-spouse is not in the best position. You only asked about the financial aspects of your divorce but I will assume that the emotional impact on you and your children has been devastating. You may want to give some thought to your statement that she divorced you for "no reason". Having bi-polar disorder could well be a reason why she couldn't function as a wife and mother.

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Answered on 5/11/06, 2:16 pm


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