Legal Question in Family Law in California
Husband's rights
If my husband is a dependant and is claimed on taxes as such. Can he legally receive anything from me during a divorce? I own everything and pay for everything, we do not have a joint account and I still use my maiden name. Do I have a right to receive monies to pay for the time he is living in my home?
1 Answer from Attorneys
Re: Husband's rights
He is entitled to one half of the porperty, including money that was acquired during the marriage. The exception to that is gifts, inheritance and in some cases money earned by separate property. You would also have to pay him spousal support. A part of that support could be allowing him to live in the family home. If there are children, you would pay him child support if he has the children for visits. If he is unable to work because of a disability he should be eligible for SSI, which while not a great deal would help reduce your financial obligation to him. You should discuss the facts of you case with an attorney.