QUESTION

What will happen if am getting a divorce after 17 years due to spouse committing adultery and a child resulted from it?

Asked on Apr 15th, 2013 on Divorce - California
More details to this question:
His job went and he has 401k left from it. I was told since I have more in my 401k that both would be combined and split evenly, is this true; we have two kids from this marriage, 16 and 12 and child support was ordered until both turn 18 but not thru college is this true that it stops at age 18. I was offered only 5 years of alimony. Does it not go until I remarry is this true? so basically everything’s stops in 5 years where I get no more spousal support from him and it was suggested to me I get a better paying job, my job pays good but not enough to keep my girls and myself in my house and bills going, so I asked my lawyer that I paid for but appears to be on his side, so he destroys his home, family, and marriage and he still gets off scott free.
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9 ANSWERS

Unfortunately it sounds as if your attorney is giving you the appropriate legal advice. Community property must be divided equally, and you do not give sufficient information but you can read the statute that provides for spousal maintenance.
Answered on Apr 18th, 2013 at 2:16 PM

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Child support stops at 18, spousal support for a 17 year marriage should not terminate at 5 years. How the assets would be divided can not be answered just by looking at one or two assets. You should consult a family law attorney to assist you in determining how to proceed.
Answered on Apr 18th, 2013 at 2:16 PM

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In Ohio Maritial assests and marital debt are split; That is anything incurred during the course of the marriage is either an asset or debt; If you could get him to agree to pay for college in the divorce decree, that would be great; Spousal support in my county is usually 1 year for every 4 years of marriage if the marriage is more than 10 years; Your lawyer is correct concerning remarriage or even cohabitation, both would be grounds to terminate spousal support
Answered on Apr 18th, 2013 at 2:16 PM

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Combined retirement gets equally divided (if all earned during marriage). Then funds go from one 401K to the other to equalize. You will need a QDRO to divide it. California does not require child support. Your spousal support in California should not end in 5 years - it could go on for a lot longer so don't take that deal. No one cares about the adultery unfortunately except you and probably your kids. Both of you should be working full time.
Answered on Apr 18th, 2013 at 2:15 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You need to speak with an attorney. There are too many questions to answer in one post and the issues can be complicated.
Answered on Apr 18th, 2013 at 2:15 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Not quite, but you clearly need an attorney if you are going to come out of this reasonably well and are informed of the law and what to expect.
Answered on Apr 18th, 2013 at 2:15 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your lawyer knows the law and what you are entitled to. First, in Idaho, spousal support is only to allow the other party to get on his or her feet. Five years is a little longer than average. Child support stops when the child is no longer a child, 18. Whether your ex- feels an obligation to pay for the children's college is up to him. As for the adultery, the only thing that might have given you is a little more of the property. That also may be why you got 5 years of spousal support, rather than only two or three.
Answered on Apr 18th, 2013 at 2:14 PM

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If you are in a no-fault state, like California (and many others), adultery is not needed in order to divorce and they court does not give you more than your half of community property just because it occurred. Child Support is until the child is 19 or is 18 and has graduated from high school. Each of you may choose to contribute to your adult children's education if you choose to do so. Spousal Support for a marriage which lasted more than 10 years is one in which the court will retain jurisdiction to decide when it should be terminated or when it should be continued. There is a goal that each party become self supporting in a reasonable amount of time, therefore, at some point, if your husband requests it, the court could decide that you have had long enough to become self supporting (even if you haven't done so yet) and terminate or lower the spousal support. If your marriage had been less than 10 years, as a guideline (not a requirement), you would receive spousal support for one-half the length of the marriage, so it you were married only 9 years, you would likely receive spousal support for 4 1/2 years. Based on that, I think 5 years might be a little short, unless it's agreed that the court will reserve Jurisdiction to determine if spousal support is still appropriate in 5 years.
Answered on Apr 18th, 2013 at 1:22 AM

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Calif is a no fault State. Your retirement funds Are community only from date of marriage to date of separation. Child support is until age 18 or if still in high school and living at home, until 19.
Answered on Apr 18th, 2013 at 1:18 AM

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