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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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Hello, I am considering divorce and am trying to get organized

Resolved Question:

Hello, I am considering divorce and am trying to get organized for this process. Can you tell me what amount of money my husband would have to pay me in alimony?
1) My income =gross $101,000 (should I quit my job; i hate it - and then I could be jobless?)
2) his income = gross appprox. $275,000
3) married 11 years
4) no kids
5) no debt except on morgage
6) he has a $401k, most amassed while I was with him ($500k)
7) my 401k = $120k
8) my savings account - $25k
9)stocks - $30k
10) house equity = $400k+
no kids, no spouses prior, etc

thank yoU!
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
1) Spousal support is not automatic. Typically in California it would be awarded if you were married for 10 years or more, but not automatically unless you show that you are financially dependent on him to maintain the standard of living you are accustomed to for the last 11 years of marriage. Second if you voluntarily quit, the court can use that against you in denying support as you had the skills and qualifications to continue working.

2) Based on the information given and using the equalization formula a monthly support amount comes to about $6162.25. Of course this number can change depending on what will be done with the house and how the retirement benefits and savings will be distributed.

But this should give you a rough starting point.


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Customer: replied 5 years ago.

Hello, thank you, XXXXX XXXXX bit more if you dont mind:

1) I can quit due to my dad dying, or stress issues (I am on meds for acute anxiety, etc.) Would that be better for the court's impression? Really I hate my job and have lots of psch doctors saying it is better for me to quit.

 

2.) We live in a very nice house (market value = $2mm), I could never live like this on my salary, of course. Also, I think that if my husband gets wind of this, he will start hiding money, etc. I need to know all his account numbers, etc., correct?

 

3) What is a legal separation? Is this an option if I htink he will change (he cheated on me).

 

thank you!

Expert:  Attorney & Mediator replied 5 years ago.

1) I can quit due to my dad dying, or stress issues (I am on meds for acute anxiety, etc.) Would that be better for the court's impression? Really I hate my job and have lots of psch doctors saying it is better for me to quit.

 

If you can do the job despite the issues you have gone through the court may be reluctant. I can't guarantee what the court would say, but typically if you can work despite your conditions, the other side would have a case against you.


 

2.) We live in a very nice house (market value = $2mm), I could never live like this on my salary, of course. Also, I think that if my husband gets wind of this, he will start hiding money, etc. I need to know all his account numbers, etc., correct?

 

Yes, this is the time you need to become a detective and start making copies of all financial documents in order to "trace" hidden assets.

 

 

 

3) What is a legal separation? Is this an option if I htink he will change (he cheated on me).

 

Legal separate is the same as divorce, only major difference is you still retain marital status. It is typically used to allow you to continue using his medical insurance or other benefits that would go away if you were divorced. It is not an option to see if he will change his mind this would involve seeking marital counseling to see if you can save the marriage. Legal separation will only help to serve in dividing the marital property, address issues of support while you still retain marital status.

 

 

 

 

Please click accept, and I can help with further questions if you have them.

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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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