How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31701
Experience:  JD, 16 years legal experience including family law
Type Your Family Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I am going thru a divorce...weve filed papers at the beginning

Resolved Question:

I am going thru a divorce...we've filed papers at the beginning of the year with the court but we are not currently using lawyers. We were married for 4 years, she's now 31 and I'm 40, and have no children. I've offered her a sum of money that seems fair based on our length of marriage and our financial assets. While we were together, she wasn't working regularly, and I supported both of us in a 70/30 or 80/20 split. So the amount I offered was about 25%. She's countered asking for a 50/50 split. Since we've split up, over a year ago, she's quit her job and I've given her some money to help with things like her getting a "new" used car, I'm still paying her health insurance etc.
So my question is, do you think if we go to court I will have to give her 50% or is there a chance it won't automatically get split down the middle? Thank you in advance for any help you can give me.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

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.

Customer: replied 1 year ago.

Assets...no houses, but income earned on investments and money deposited into savings accounts

Expert:  Tina replied 1 year ago.

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!

Tina

Customer: replied 1 year ago.

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?


 

Expert:  Tina replied 1 year ago.
I see. Yes, the spouses can negotiate a different division of property. For example, if one spouse waives the right to request alimony, they might agree to a greater than 50% award of the marital property in return for that waiver.

It depends on the leverage you have to negotiate with typically. If you both agree to mediation, that is a very good way to settle such disputes, often saving time and money.
Customer: replied 1 year ago.

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?

Expert:  Tina replied 1 year ago.
It is possible that she could get temporary support while she regains her financial independence since you were supporting her. A rule of thumb in CA is 1/2 the length of the marriage, so approximately 2 1/2 years of support would be reasonable.

I don't see a great deal of leverage in your situation based on the facts you have provided unfortunately. She would have more leverage since she has been supported through the marriage and is already entitled to 50% of the marital property under CA law. So the best you could likely hope for is to split the marital assets 50/50 and she waives support.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31701
Experience: JD, 16 years legal experience including family law
Tina and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney