Legal Question in Family Law in California
I am a wife that has been married over 25 years. For the last 10 years, maybe more, I've been the primary breadwinner. Prior to that, it was always a struggle with our combined incomes.
This past year I had to take a loan against my 401k for the two years he didnt work--he didnt even look for work after his partnership failed. The construction industry job (which I found for him) he works currently is sporadic at best and he hasnt worked for over a month. We are struggling to save our house and am in the process of negotiating a loan modification.
Anyway, just last week he informed me he wants to leave. He's denying another relationship but his 'friend' calls him and says wrong number when I answer (I have caller id, hello...).
My question is can I kick him out now without affecting a possible divorce outcome for me later? He is sticking around until he can 'afford' to move out--so yeah, I'm still supporting him. Also, am I able to claim any monetary damage from the years of non-support he gave me as well as the credit cards he ran up (gambling cash advances) and the leftover credit card balances I'll be having to pay? Also, can I get any of the 401k loan monies from him? Can I get any kind of 'alimony' until I'm solvent? Is there any difference who files for the divorce?
1 Answer from Attorneys
You have some issues that need to me discussed with an attorney. Much more detail is needed in order to give you any answers that have value. I would suggest that you file the dissolution as soon as possible to establish a date of separation. You may call my office for a free consultation. Good Luck, Pat McCrary
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