QUESTION

If husband is at fault, am I entitled to half our assets accrued during our marriage of 16 years?

Asked on Jul 31st, 2013 on Divorce - California
More details to this question:
I am on disability and can't work. Does he owe me alimony also? He wants to go to court and fight it out!
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5 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
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California law does not look at fault in a divorce. Each party is entitled to one-half of all assets and responsible for all debts acquired or incurred during the marriage. The exception to this rule is any asset acquired before the marriage or by gift or inheritance during the marriage. That kind of property belongs solely to the party receiving it . Support is based primarily on incomes of both parties, ability to work of each party and duration of the marriage.
Answered on Aug 01st, 2013 at 1:31 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Usually the court orders a 50/50 split of all assets coming to the marriage, but also orders the same split of all debts to the parties. There is no one answer to this questions, all marriage dissolution are evaluated on their merits. You certainly have a legitimate argument for alimony if you are now disabled and there is a difference in your and his incomes.
Answered on Aug 01st, 2013 at 10:40 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Case law in Nebraska indicates that upon a divorce of a long term marriage, there will be a division of property between the spouses so that each gets approximately one-half, less what each came into the marriage with or inherited or was gifted during the marriage. He doesn't "owe" you anything but after a 16 year marriage, where you are unable to be employed, it is likely you would be awarded alimony.
Answered on Aug 01st, 2013 at 10:33 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If you are in Florida, you are entitled to half of everything acquired during the marriage regardless of any wrongdoing.
Answered on Aug 01st, 2013 at 10:29 AM

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In California there is no fault. All the community property should be divided equally and fairly. That would be everything acquired between the date of marriage and the date of separation.
Answered on Aug 01st, 2013 at 9:06 AM

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