Legal Question in Family Law in California

My wife and I are currently separated and in the process of filing for divorce, 2 years ago when we first separated she filed a restraining order against me for domestic violence. Im filing for the divorce myself and my question is, since im not working due to my health im going to start collecting my pension and I realize she is entitled to half ( we were married 22 years) but she also has a retirement account and she has told me on many occasions that im not entitled to none of it due to the "domestic violence " charges. and she also says she will not have to pay me spousal support due to the same reason. I supported her for 20 years working for the studios and now I cant work and she thinks that's just too bad. So based on my info and California law, am I entitled to half her retirement and spousal support . there are no minor children and she currently works a full time job making pretty good money. Ive been struggling to just survive on food stamps for 2 years because I was denied SS twice already. and my retirement wont start until she gets the paper work they have been asking for for 4 months. but yet she wants half. Any advice would be greatly appreciated. thank you ..


Asked on 4/11/14, 9:21 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Property division of community property is not based on fault however your right to seek spousal support from her may be directly impacted by the domestic violence event. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 4/11/14, 10:14 am


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