Legal Question in Family Law in California

I have been separated from my husband for 10 years and am just now filing for divorce. I have an opportunity to take a "buyout" at work for a large sum of money. Is he entitled to half? We both live in California.


Asked on 2/27/13, 6:55 pm

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

More information is needed to understand the terms of the buyout. If any proceeds are attributed to a community property business or work and effort during the marriage, then your husband may have a right to some part of the buy out proceeds.

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Answered on 2/28/13, 5:30 am

Ms. Kock is correct. I would add that a key issue will be when you and he formed the intention that the separation was permanent. "Date of separation without intent to resume the marital community" is the date that cuts off community property rights to earnings (among other things).

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Answered on 2/28/13, 10:27 am


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