Legal Question in Family Law in California
Long-term marriage dissolved--who gets assets?
How are assets normally divided under CA's no-fault divorce and community property laws if the wife in ~45-year marriage is dissolved with the wife being employed outside the home for ~12 years of the marriage.
Once assets are rewarded by the courts, what are the chances that the wife actually gets what is awarded her? Is there any protection for women over 65 getting divorced after long-term marriages so far as getting assets are concerned? Is alimony also possible in this case?
3 Answers from Attorneys
Re: Long-term marriage dissolved--who gets assets?
If there is a chance that the assets could be hidden the assets should be tied up legally at the filing of the dissolution so that they cannot be transferred or hidden. That should assure the wife that her share of the assets will be available to her. The community assets are divided 50/50, regardless of how long the wife worked. Good Luck, Pat McCrary
Re: Long-term marriage dissolved--who gets assets?
In regard to alimony because this is a long marriage, it is mandatory. The amount of support will depend upon how much and they type of assets she is awarded, what retirement benefits that are available and other economic factors.
Support would continue until she is able to adequately support herself.
Re: Long-term marriage dissolved--who gets assets?
Any property acquired from earnings during the marriage would be community property and subject to equal division. If the other spouse withheld property awarded by the court, said spouse would be in contempt of court. With regard to support, for a long term marriage, support is presumptively indefinate (unless you remarry or become self-supporting etcetera) and would be based upon the relative income of the parties.
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