QUESTION: I have been married for 3-1/2 years. We have been together for 27 years. If I divorce my husband will I be entitled to half of everything? His retirement is probably twice as much as mine, plus he receives money from various investments.
MY RESPONSE:
If you were married for only 3-1/2 years, in a divorce case, you would be entitled only to 1/2 of the community property, which would be the property accumulated during the marriage.
Any property acquired by your husband in his sole name prior to the marriage would be his separate property.
Your spousal support rights would be limited in duration to 1/2 the length of the marriage.
You may or may not be entitled to "Marvin" rights regarding property accumulated prior to the marriage, and possibly, to "Palimony", but those matters are litigated in the Civil Court, not the Divorce Court, unless the cases are consolidated.
Marvin and Palimony cases are difficult to win and expensive to litigate. They are based on written, oral, or implied agreements. Unfortunately, you would not be entitled to attorney's fees in a Marvin/Palimony case, whereas you would likely be entitled to an attorney's fee award in the Divorce case.
You should at least consult, if not retain, an experienced family lawyer 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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