Legal Question in Family Law in California
What is she entitle to?
my boyfriend has been separated from his wife of 22 yrs for 13 years now. he is paying alamony each month faithfully, they did file for divorce 4 yrs ago but never completed it. he is afraid to file now because he says she would get his retirment, more alimony and the house in which she lives in,which is still in his name. can she get all this? she is not a giving person to ask her give him the divorce but keep the arrangements as they are. What are his legal rights and does he have a chance at getting a divorce with out losing his shirt?
Thank You
1 Answer from Attorneys
Re: What is she entitle to?
Everything that's accumulated since his separation is his separate property. The length of the separation shouldn't affect what the wife would get in a divorce--except that some of the community property assets may have appreciated (grown in value)....but that means they'd both end up with more. If he doesn't get divorced, she keeps the right to inherit all of his money when he dies, and she may have a right to claim his pension if he dies....and other rights just because she's his legal wife.
What they accumulated during the marriage is community property, and would be divided equally. The way it stands now, she's in the house, so he doesn't get the benefit of it anyway...so what good is it doing for him? Unless he thinks she's going to die soon or he has some other plan you don't know about, it seems like getting divorced would actually free up MORE money for him. Why don't you go see a lawyer and ask these questions specifically, rather than just guessing? As you can see, not getting divorce can have some unintended consequences. Good luck!