Legal Question in Family Law in California
My wife and I have been separated for over 7yrs. and she would not agree to the divorce back then. She left to go with with someone else. She wants it now and states she is not interested in any alimony or property that I own. She has been advised that due to the time frame she is not allowed to receive anything. Is this correct? or would the finances would still have to split as if we just separated? Of course that my pension plan has increased from 7yrs ago and I find it unfair to have to split that since we were not together these last years.
1 Answer from Attorneys
Her interest in your pension stopped growing on the date of separation. She is still entitled to what she would have been then, plus any appreciation, but not anything you contributed since then. Property will have to be divided, but if she wants nothing she can agree to that. Spousal support would be unlikely at this time, but not entirely impossible if she changed her mind and asked. Again, she can waive it by agreement.
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