Legal Question in Family Law in California

Re: husband won't get job

We certainly empathize with your situation, as it definitely sounds as if you are the "work horse" in a waning marital relationship. However, marriage is serious business and community property rights do kick in regardless if it seems fair or not. From the facts given, the answers to your questions are as follows, but feel free to contact us directly for further assistance:

1) you may end up with support payments to your husband if the court deems that such a solution is equitable under a totality of the circumstances test.

2) an inheritance is generally deemed to be the separate property of the inheriting spouse, not community property unless certain exceptions exist.

3) your retirements savings will be legally deemed a community property asset unfortunately, unless an exception exists. Meaning, all earnings during marriage are considered a community property asset, of which your retirement/401K is such an asset.

We hope this has helped in weighing your options. Contact us today for any additional assistance.

Reply: husband won't get job

In a general sense, inheritance ALWAYS starts out as separate property, no exceptions. It can become community property if comingled beyond the point of tracing. Spousal support is a complex issue that requires more details from you before a meaningful opinion can be expressed.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues inckuding spousal support by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com