QUESTION
My wife abandoned me and been separated for 6 years, what can she get from me?
Asked on Oct 31st, 2012 on Divorce - California
More details to this question:
I filed for absolute divorce. We have been married for 20 years been separated for 6 years. I am a 20 year veteran who is about to retire from active duty.
10 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Probably nothing since she left.
Answered on Nov 06th, 2012 at 8:14 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Your wife can make a claim to all marital property. All is subject to negotiation and discussion, and the separation issue will, of course, come into play. However, a final settlement will depend on if you and your wife are able to come to a resolution or if the case needs to go to trial. All pensions and retirement benefits are also at issue and your wife can claim a portion of that benefit as well. It is always best to consult with an attorney to make sure you resolve this divorce in the best possible way.
Answered on Nov 01st, 2012 at 4:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It appears that you are not in Colorado, so you need to get a better answer to your question from an attorney in the state where you have file for divorce. Generally, your claim of abandonment would have little impact on the final settlement here in Colorado, but that could be different in your state. The ultimate financial settlement will be based on your states principles for a fair distribution of the marital property; in all likelihood the portion of your military retired pay considered to have been earned during the marriage will be subject to division according the specific rules in your state.
Answered on Nov 01st, 2012 at 4:06 PM
An experienced attorney would be most helpful to you. An argument could successfully be made that only the marital estate accumulated before the separation should be subject to division, so she should be entitled to only half of?14/20ths of your VA pension (assuming you have been in the service for your entire marriage). Of course, she would also be entitled to half of everything else accumulated during the marriage before separation (although you may have already divided those things).
Answered on Nov 01st, 2012 at 4:05 PM
She will be entitled to one half of the assets you accumulated from the date of marriage until the date of separation. Due to the length of your separation, you should consult a family law attorney about how best to present your case.
Answered on Nov 01st, 2012 at 4:04 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She might be able to get one-half of the retirement funds which accrued during the time you were married but before separating. She might be able to get permanent periodic alimony. You need to hire a family attorney in your area.
Answered on Nov 01st, 2012 at 4:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably 50% of the assets accrued by both of you during the course of the marriage, including your military pension. You get the other 50%. There is no mention of children. That is the best I can do without details, which would be required to actually form an opinion you should rely upon
Answered on Nov 01st, 2012 at 4:03 PM
Michael Paul Vollandt
She is going to be able to get a portion of your retirement and her interest in Amy community property you and her owned and is still around.
Answered on Nov 01st, 2012 at 4:02 PM
Estate Planning/ Probate/ Wills Attorney serving Kent, WA
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John A. Ferguell, P.S
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The assets and debts you acquired from after marriage up to time of separation will be considered community and the court can divide those assets in an equitable manner. You and your wife have the ability to divide the assets virtually any way you see fit and agree to. Retirement benefits that accrued during the marital time are divisible by the court.
Answered on Nov 01st, 2012 at 4:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She can get 1/2 of what was earned during the marriage, including your military retirement. See an attorney to discuss division. Opinion only, not legal advice.
Answered on Nov 01st, 2012 at 4:01 PM