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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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We live in California. My fiancé was granted a

Customer Question

Hello. We live in California. My fiancé was granted a bifurcation on 5/18/15 (his wife filed for divorce 3 years ago, but has no intent on divorcing because she wants to remain on his medical insurance. His attorney drained him financially but accomplished
nothing toward getting him divorced. All she did was push paper so now he doesn't have the money to fight). Therefore, the specifics of his divorce in terms of spousal support and division of retirement have not yet been settled (no other property, assets,
etc). We have put off getting married out of fear that my income could factor into his divorce settlement somehow. Just tonight however, we decided to set a date to move forward and submit the online application for a marriage license. We made an appointment
for 2 weeks from now to pick up that license and marry at the same time (a confidential marriage). I figured that in the worst case scenario, if his ex somehow finds out and tries to use my income against us, then we will just file for legal separation. Then
it occurred to me that I have this subscription and it wouldn't hurt to ask. I submitted this question and the lawyer who responded said that if we marry it would be bigamy and the marriage wouldn't be valid. Again, according to court records from 5/18/15,
my fiancé is legally bifurcated/restored to single status. Apparently the last respondent doesn't know what that means. One of the reasons people bifurcate is so they can remarry. So all he responded to was the supposed bigamy. He did not answer my question
about whether my income could factor into my fiance's divorce settlement should we marry. Thank you. Karen
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi Karen,

I'm Lucy, and I'd be happy to answer your questions today.

You have no legal obligation to support your husband's ex-wife, so your income cannot be used to determine spousal support. Similarly, any assets you bring into your new marriage were not marital assets of your fiance and his ex-wife. Thus, she cannot claim any portion of your assets.

With that said, there is typically a six-month waiting period before a divorce order becomes effective, so if your fiance was granted a bifurcation on 5/18, you may not be able to marry yet. Double check that order and read it carefully to verify when he's restored to single status. If you meant that his single status and ability to remarry was restored as of 5/18, then I apologize for any confusion. Good luck, and congratulations!

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