QUESTION

Do I have to pay $5200/month and half her attorney fees if we are divorcing because of her publicly known unfaithfulness

Asked on Sep 30th, 2021 on Divorce - California
More details to this question:
Married 21 years, provided for her so she could be a mom to our two children (both over 18 now). She just recently got a job in 2019 where she met her third indiscretion. When I found out about her third affair I asked her to move out and filed for divorce. I am now paying $5200/month and half her attorney fees. She wants me to sell the house and give her half and go after my retirement as well.
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1 ANSWER

I am a family law attorney and have been practicing in that field for over 12 years and then helped attorneys in the field as a paralegal for years. Unfortunately for you, California is a "no fault" divorce state.  In other words, her "indiscretions" are not factors in considering the elements of a divorce.   I'm sorry that you have to pay $5200 a month-- must be for spousal support since your children are now over 18 years old. Perhaps a re-evaluation should be performed since she is working and offsetting the amount you pay.  You don't tell me whether you've been ordered to pay or you are voluntarily paying nor how the amount was calculated.  There are a lot of factors to consider in ordering a monthly payment. California, as a community property state, means that the spouses own the assets on a 50-50 basis.  That means she owns half of everything you own, including your retirement plans. Sorry you are in that situation!      
Answered on Oct 04th, 2021 at 3:01 PM

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