QUESTION
Can he really take 1/2 of everything even though he's gambled most of his income in the last 10 years?
Asked on Oct 22nd, 2012 on Divorce - California
More details to this question:
My husband of 17 years is a compulsive gambler and won't move out and doesn't want a divorce. We own our home and have five years left on a 15-year mortgage. He has paid about 10% of the payments. He has moved out three times promising he will get help but he never does. He spends most of his money on casinos/booze. He has $25,000 in credit card debt (accumulated in 4 months) and he says if I divorce him, he will take half of everything even my 401K. How is this possible if I pay 75% of the bills and he's paid very little into the mortgage? What if he won't agree to cooperate with a divorce?
11 ANSWERS
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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This is a very complicated area of the law, and more facts would be needed to know exactly how to answer that question. Even though California is a no-fault state, if he misappropriated the community income, such as gambling, there is a way to have him reimburse the community for misappropriating the money. However, there needs to be more information before anyone can advise you properly. You would really need to sit down with a lawyer and go over all the facts. You should call a lawyer immediately to at least stop the bleeding. The date of separation is a significant issue and can be established even if you live in the same house, but again, it is complicated. I'm sorry to hear about this, it must be very difficult for you. You should contact a lawyer in your area right away. This is not a question with a simply answer.
Answered on Oct 25th, 2012 at 2:20 PM
Family Law Attorney serving Atlanta, GA
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Law Offices of Dana A. Azar
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Georgia has the notion of "equitable" division that means "fair." You may have to go to a Judge or jury trial, but if you can prove that your husband gambled away the family assets and only contributed very little with his income as compared to your income, the judge or jury may well award you more than one-half.
Answered on Oct 25th, 2012 at 2:18 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your question appears to be based more on fear and misinformation and doesn't recognize the reality that if you and your husband cannot agree on how to end things fairly a judge will have to hear all the evidence and make decisions based on hearing all the relevant evidence. You have some valid arguments concerning what is or isn't fair in your case, but it will be up to a judge to decide and what your husband says or threatens simply shows that he doesn't know what he is talking about.
Answered on Oct 25th, 2012 at 2:18 PM
Leonard A. Kaanta
In Michigan, property accumulated during a marriage is divided equally among the two parties.
Answered on Oct 24th, 2012 at 3:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have very strong arguments for an unequal distribution. You need to file for divorce and engage an aggressive attorney.
Answered on Oct 24th, 2012 at 3:18 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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You may have a claim for waste or dissipation of community assets. In Nevada the cases you look at is Lofgren and Putterman. These cases of course require discovery and competent counsel to guide you through the process. He doesn't have to agree to divorce you basically need to file and start the process.
Answered on Oct 24th, 2012 at 3:17 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Unfortunately, under Florida law, any asset that was acquired during the marriage, as well as any bill or debt, is considered marital and subject to equitable distribution (which usually means 50/50) regardless of who paid for the asset or incurred the debt. There can be exceptions to this in very rare circumstances, and you may not be responsible for his gambling debt, but the house would be considered marital. You should consult with an attorney in order to best determine your potential rights and options, as well as how to proceed.
Answered on Oct 24th, 2012 at 3:16 PM
Steven D. Dunnings
Hire an attorney. It is possible to argue that he is at fault in causing the divorce due to his gambling which might result in him receiving less than 1/2 of the marital property. Who paid what bills during the marriage has no bearing on how the property is divided but his gambling might.
Answered on Oct 24th, 2012 at 3:14 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court will divide things fairly and equitably. You can argue he's committed waste. You need a lawyer.
Answered on Oct 24th, 2012 at 3:14 PM
After reading your question and details, I would recommend that you both consider some sort of counseling before making any decisions on your own. If your husband declines counseling, perhaps you should go alone and get input from a professional.
Answered on Oct 24th, 2012 at 3:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can get half and you are responsible for half the debts. You lived with him all these years and let him take advantage if you. He's not going to get better. Cut your losses file for divorce and move on.
Answered on Oct 24th, 2012 at 3:13 PM