Legal Question in Family Law in California

Re: Self Employed Husband

How many years have you been married? Are you a home maker? Do you have any skill to be employed? ALL THESE QUESTIONS AND MANY MORE NEEDS TO BE ADDRESSED BEFORE ALIMONY CAN BE DETRMINED.

Re: Self Employed Husband

If the business was acquired during the marriage with funds earned during the marriage, then it's very likely a community asset.

Alimony is based on income and the marital standard of living. The idea is use all income to put each party as close as possible to the marital standard of living. There are strategies for both spouses. For examine, a stay at home spouse, would likely try to prove a very high marital standard of living. A self employed spouse might try to minimize income. Support duration is based on the length of marriage.

Re: Self Employed Husband

Unless you had a prenup, the marriage would have acquired a community property interest in the business. Less than 1/2 of the business would be considered your share of the community property. The percentage of the business that would be considered CP would be determined by, amongst other thngs, the time the business was owned and operated during the marriage.

Spousal support is based upon several criterion, including the length of the marriage, and the earning capacities of the parties. So, if you acquire an interest in the business, you have effectively acquired a portion of your husband's earning capacity, which would in turn reduce the amount of spousal support you are entitled to.