QUESTION
How long do two people have to be married before separation of assets becomes important?
Asked on Apr 02nd, 2013 on Divorce - California
More details to this question:
My dad and his new wife have been married for over a year but the date they got married, my dad was still legally married to my mom. My mom and my father's new wife's ex are friends and he told her that when his and his ex's son came back from her weekend, he was saying that his mom was going to divorce my dad and take half of his money. She has an okay paying job doing eyelash extensions and spray tans but my dad has a really well paying job as CEO of a company. He got a lot of money recently so I'm worried that she is going to take some that should go to my mom and us (his kids).
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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She would not have a right to assets which he owned prior to marriage unless he gave them or a portion of them to her as a gift.
Answered on Apr 05th, 2013 at 4:36 AM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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It is not so much the duration of the marriage as it is when, what and how property was acquired that controls whether there is a substantial marital estate justifying litigation over it.
Answered on Apr 03rd, 2013 at 7:57 PM