Legal Question in Family Law in California
im going to leave my wife of 20yrs,i know she plans to stay in the house that we bought together,i am retired and do receive a retirement,i know she will receive half of retirement which will be about 2,800 for her half..if she is staying in the house and i move out do i have to pay half the mortgage,when she is still working and receiving half of my money anyways.. i do realize everything is 50/50 but i feel it is only fair if she pays that conisdering ill take on other debt so she doesnt have to pay that..
2 Answers from Attorneys
Your situation is too complicated to give you any real guidance in this format. To point you in the right direction, though, assets and debts of the marriage are divided 50/50 for the most part. So if she gets the equity in the house, she will either have to give you assets worth half that equity, or she will have to take on debt worth half that equity. None of that has anything do do with income. She has some interest in your pension, but it doesn't necessarily have to be half your payment, especially if she is working and earning money. If you have a pension and real property it really is worth consulting with an attorney, even if they only advise you and you represent yourself. Unless you are very sophisticated, you'll need guidance to sort this out.
In a divorce, community property assets are supposed to be divided 50/50 as you write. Any money you pay outside of the division of assets in your case would be spousal support. The 1/2 of your retirement is a division of those assets which creates income to her and income to you. If she has additional income on top of that and you don't or you have measurably less, you may be entitled to an award of spousal support.