Legal Question in Family Law in California

Please help. i don't know what to do.

I'm married to my husband for 13 years and we have two kids. Things are not going well and he said he is going to file divorce. Since we got married, we have separate bank accounts. Now, he doesn't have money; and I have saved money. I don't want to split my money. He has job but I am the one who's paying rent, grocery, and kids stuff. He doesn't give me anything.

Once we're divorced, I will be the one who take care the kids and he doesn't need to provide child support. In that case, do I still need to split my saving?

Thanks


Asked on 10/27/09, 12:11 am

1 Answer from Attorneys

Unfortunately money earned during the marriage is community property, even if it is kept in separate accounts. So unless you have a written agreement converting your savings to separate property, you will probably have to split it with him. The good news is if he has a job, he will have to provide child support. Even if he didn't have a job he would be ordered to find one to pay child support. If the marriage is not going to be saved and he is contributing nothing, you probably should just file yourself and get him removed from the apartmetn or house so you can stop paying for his groceries, etc.

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Answered on 11/01/09, 1:49 am


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