Legal Question in Family Law in California

Hi, I married my husband in California San Diego. We married about 3 1/2 years. Now he want to divorce with me. He currently work at Bank with 78,000 yearly income.I got laid off in 2009 and not working until now. He bought his house before marriage. He has a saving trust account with his mom's name on it, he put all his monthly income minus the monthly expenses like mortgage, car payment, food.. etc into this trust account. Now he wants me to divorce with him without clamming any of his money and asset. I want to know that, if I can claim half of his saving trust account and will I get spouse support from him and for how long? Thanks in advance. Thank you very much!


Asked on 8/13/12, 2:10 pm

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

These are complicated questions deserving the attention of an experienced family law attorney while you are in a personal office visit.

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Answered on 8/13/12, 4:21 pm
B. Stuart Walker Law Office of B. Stuart Walker

You can expect to receive spousal support for a period equal to half the length of your marriage. Often support goes on longer than this due to the length of time it takes to litigate a divorce in California. His income during the marriage is community property - unless there was a prenuptial agreement stating otherwise. You should start gathering information and documents so that you can present evidence (probably through subpoenaed records) to the court that the community income paid into the trust is one half yours.

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Answered on 8/13/12, 4:36 pm


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