Thursday, December 1, 2011

CAN I REQUEST MONETARY DAMAGES FROM MY SPOUSE?

QUESTION: My divorce was bifurcated in July 2010 but the final settlement has not been reached and we will more than likely have to go to trial. My former spouse sent me a book on an after life in hell to my job at a securities firm (where he knows all correspondence must go through compliance and personal mail is not allowed), purposefully allowed our home to go into foreclosure (he had me sign a stipulation agreement to not live in the home and he would assume all PITI payments, maintenance, etc), forged my name on a military retirement SBP waiver (I have received the report and he has agreed to pay the back payments) and fraudulently has used one of my credit accounts. The first two items have placed my job in jeopardy. Can I request a monetary damage award in addition to spousal support?

MY RESPONSE:

Possibly, if appropriately sought. Some of your husband's conduct might qualify as a breach of fiduciary duty, for which you may be able to receive an award of the amount of your community share of economic loss caused by your husband, as well as sanctions and attorney's fees.

Family Code Section 1101(a) provides that a spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's present undivide one-half interest in the community estate. You could possibly be entitled to recover 100% of the economic loss, pursuant to Section 1101(h).

Also, if the Court determines that any of your husband's conduct comprised domestic violence, you might qualify for money damages.

If you are not now represented by counsel, you would best be served by retaining an experienced Family Law Attorney to represent you.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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