QUESTION
With a solid proof of adultery, should a wife spit her retirement account?
Asked on Jan 22nd, 2013 on Divorce - Arizona
More details to this question:
My husband cheated me with a perfect plan. He even told me what happened. Now he demands everything half from my earnings and property and he bought a new house and living with that woman and asking for divorce. He never contributed in my mortgage or into my retirement loan. What should I do?
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the retirement was earned during the marriage, he is entitled to half of it. If you own a house and some of the principal was paid down during the marriage, the community may be entitled to part of it. If he used community money (earned during the marriage) to buy his house, you may have an interest in his house. You should consult with an attorney. Adultery is irrelevant in CA.
Answered on Jan 24th, 2013 at 12:01 AM
Dissolution in California is no fault and the community property will be divided equally regardless of the reason for the split. As to specific assets, you should consult a family law attorney to review all of the relevant facts and advise you how the court is likely to rule on their disposition.
Answered on Jan 24th, 2013 at 12:00 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should get an attorney and fight for everything you can. He may still get some of your stuff, but you will have the satisfaction of knowing that he had to work for every last dime.
Answered on Jan 23rd, 2013 at 11:57 PM
California is a no fault divorce state. Proof of adultery is not relevant in the division of community property asserts and debts. So, each party is entitled to one-half of all property acquired during the marriage except that acquired by inheritance or gift. I strongly urge you to meet with a family law attorney in your county to make sure you understand your rights and obligations Good luck.
Answered on Jan 23rd, 2013 at 11:57 PM
Arizona is a no-fault divorce state, so adultery is irrelevant in the division of marital assets/obligations. Generally, anything acquired during the marriage (asset or debt) must be equitably divided in a divorce.
Answered on Jan 23rd, 2013 at 11:56 PM