Legal Question in Family Law in California
Divorce
I am considering a divorce after 23 years of marriage. I found out 5 years ago that my wife had an affair. We have been trying to work things out ever since. We do not have kids. We purchased our home when the market was crazy - but now it's lost about 150,000 in value. She is a nurse but not working due to disability. If I keep the house - what should I expect in the settlement? If she moves back to Ohio - would I need to pay any alimony? Thanks
1 Answer from Attorneys
Re: Divorce
In a divorce, if you want the house (joint title I assume) that's lost 150K in value, is it upside down, do you owe more than it's now worth? The result I have been getting in court is that if you want the upside house, you take it at $0 value, that is, you take it and the loan(s) and she doesn't owe you anything for that. This is just what I am getting in court, I can't speak for all judicial officers and all cases, but I think this is a logical result which may prove to be the norm in this situation.
You have a "long term" marriage, which means spousal support is an issue. For spousal support, the court considers all facts and circumstances. Everyone has a duty to make their best effort to support themselves, and the court should look at what the truth of the matter is on questions like disability, does she really have a problem or is she milking the system for example? Unless you can prove she is, and that's not easy, and you are working and making money, you'll pay her spousal support based upon your ability to pay, but of course she has to seek a court order, nothing happens automatically.