Family Law Questions? Ask a Family Lawyer Online.
Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
The 50/50 split you refer to involves your income or are you referring to assets you acquired during the marriage?
I look forward to assisting you as soon as I have received this information. Thank you.
Assets...no houses, but income earned on investments and money deposited into savings accounts
I see. Thank you for providing this additional information, Sam.CA is a community property state, such that all assets acquired during the marriage are considered community property no matter which spouse acquired them. At the time of divorce, the community property is split 50/50, so your spouse would typically be entitled to a 50% share of the property even though she did not earn them.Some states take into account who contributed what to the marriage, but in CA such factors are irrelevant and the community estate is divided evenly between the spouses. Who earned the assets is irrelevant to that division.Here is a link which describes the difference between community property and equitable distribution states:http://www.divorcenet.com/states/nationwide/property_division_by_state
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
I guess what I'm asking is if there are any ways, whether thru mediation or any other legal actions that a lawyer would be able to negotiate a different settlement. I know that there are considerations for alimony and such, so is there any chance that I might be able to get a different settlement award?
What would qualify as leverage?
Because she earns less than me it seems as though the award would automatically go in her favor, and I didn't think she could get alimony, but is that possible?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).