Legal Question in Family Law in California
My friend is about to embark on divorcing his wife of 7 years in CA.
1. When they married on 09-20-2003, he had his own IRA retirement acct. from his carpenter's Credit union already set up in the bank for approx. $400,000. This amount represented approx. 28 years' contribution. Today, he has approx. $458,000 and wants to know if he can legally be sued for half the $458,000, or half the amount over and above the $400,000 that he contributed while in the marriage?
2. In addition he has approx. $45,000 in the Carpenter�s Defined plan that he opened in 2003. Can she sue for that?
3. In addition he has approx. $45,000 in an annuity that he opened in 2003. Can she sue for that? Are there any Laws surrounding any of the above 3 accounts?
4. They bought their home together in the peak of the real estate market for $450,000 and now it is only worth $100,000. He plans on moving out soon and leave her there but cannot afford to make payments indefinitely. He is currently employed and is 54 years old and will receive a pension when he retires. He nets about $4000 per month. She is currently employed and earning about $2700/mo and will also receive PERS when she retires. WHAT CAN HE DO TO GER OUT FROM UNDER? Should he consider going bankrupt and can he even do that with the IRA and pension plans he currently has?
5. Can the soon to be ex-wife sue for alimony even though she works and has her own pension? Can they both try re-negotiating with Wells Fargo Home Loans to get his name off title or is he wasting his time?
6. Does an accredited Process Server have to serve his wife with Divorce papers in order to start the 6 month and 1 day countdown to legal Divorce, even if the property settlement is not resolved? Is there a restraining order placed on him from the time he files for divorce until the time she get served? In other words, will he be prevented from moving any monies or making any other changes?
7. They have no children together and he plans on giving her all personal property except for his tools and motorcycle. Does he need to fill out any separate property declaration?
8. Can she sue him for alimony since they were married 7.5 years? If so, how much should she expect to get and for how long?
9. Can he go after her PERS retirement account?
2 Answers from Attorneys
This is WAY beyond the scope of a free internet bulletinboard Q&A service. He needs to contact an attorney.
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