Legal Question in Family Law in California

My wife (same sex SF domestic partnership filed in 1998 and legally married in CA, where we both live) has asked for a divorce and I've come to agree that it would be the best thing for both of us. We're still friendly, but when my wife was laid off in October she spent all of our community assets (retirement, etc.) keeping us afloat through beginning her own business and her mum's final illness and death at the end of March (she asked for a divorce one month after). So, we have no community assests though I have many outstanding medical bills - I've been on SSI Disability for the past seven years and she has been my primary source of support. She is walking away with her inheritance (which $ I do not know, though guess to be under 100K) and giving me 10K when she leaves the (13 years of rent controlled San Francisco) apartment that we share and that I plan to keep. I understand that inheritance is NOT community property, but as I am unsure of how employable I am, I don't think that 10K will necessarily keep me safe for long. Because she has been my primary support is there any chance that she should be persuaded to share more of her inheritance with me than she is? I'm far more inclined to mediation than to litigation (I've read "Bleak House"!) because I know that the sums of money involved aren't large one by any legal standard - but I'd also like to know what, if any, legal rights I have as her married (but only in California) spouse. (No children are involved.)


Asked on 6/15/13, 2:55 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I am not sure as to what you are looking for. If you were legally married when the same sex marriage window was open, then you are legally married. You cannot terminate your marriage without a piece of paper signed by a judge that tells you your marriage is dissolved.

You may agree on who is entitled to what in your split - and that is wonderful by the way - but that does not obviate your need to file paperwork with the court to terminate the marriage.

You may be entitled to spousal support, but there is a set of factors that is applied by a court, and again, that will take a court order, especially if she does not agree to it.

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Answered on 6/17/13, 4:23 pm


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