Legal Question in Family Law in California
I have been legaly married for the last 20 years but my wife took our child and left me after being caught with another man 3 years after we were married. We never filed for a legal seperation but i have proof that i paid her $600 a month every month up in till a year ago. I also paid for my daughters and my wifes health insurance the whole time and am still, in addition to paying for any and all extra needs of my daughter ie braces twice , school trips, computers , car , ect. I have recently become disabled and am intiteled to a pension from my union but need my wife to sign some papers which she is not willing to do. She has allready signed off on the house several years ago and last year signed off on my annuity but know insist that she is intitled to half of everything the house my pension and the anuity. She claims that in ca. she will be awarded half of my pension for the length of the 20 years we were married even though we have not been togather for the last 17 years . is this true??? what are my rights???
3 Answers from Attorneys
As for the pension, she may be right. It may not be much of a difference in the totality of your economic situation. Your marriage is complicated, you may be able to argue that you and your wife have not been a community for the last 17 years, but it would have been better if you filed for separation or dissolution. Are you still paying child support? Did you pay alimony? It would have been better if you divorced back then and your wife re-married. Her new marriage would have cut off any alimony obligations. You should consult with a divorce lawyer soon.
Your wife is not entitled to anything which you earned after the date of separation, even though you did not file for legal separation or dissolution of your marriage. If you have been separated for the past 17 years she's not entitled to any of what you earned during that time. She may be entitled to a portion of what was earned prior to your separation, if she has not signed her rights over to you.
The second attorney is correct. The first one is NOT. Date of separation is the date after which there is a total breakdown of the marriage. If you filed today for your divorce, you would use the date that she walked out of the house as your date of separation.
Your wife's rights in property, at least as to the pension, are relative to the time of marriage. So, say you worked for your employer for 22 years, and you were actually married and living together with your wife for 3 years, then her rights would normally be 1/2 of 3/22.
The house is an entirely different story. The question in my head is if the house was purchased during the marriage or before the marriage. If before the marriage, then she only has a right to the pay down of the principal to the house, relative to what you have paid down before marriage and after separation as against the increase in value of the property. On the other hand, if the house was bought during the marriage, then your wife has a right to a full half of the equity in the property as you would be treated as if you were a renter in the property over the period of separation.
Also, just having signed over the one fund does not mean that she necessarily gave up her rights in that fund.
I highly suggest you speak with a specialist in family law.
www.FamilyLawCalifornia.com
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