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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I getting a divorce and my husband and I talk we were marry

Customer Question

I getting a divorce and my husband and I talk we were marry for 15 yr but we live together for 18yrs he own a bussines and I know he makes more then 100.000a her but he only claims seventy five a year he is telliing me he can only give me 2.700a month I do not WOR he pull me out off work and he refuse to see and attorney we lost our home only he own the business and he want to star the divorce at the beginning of the year I don't have money to pay for and attorney and I want to know if is fair his offer I live in apartment and he pays for it I was accostum to the life he was given me thank you Carolina cerletti
Submitted: 21 days ago.
Category: Family Law
Expert:  LegalGems replied 21 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 21 days ago.

Thank you for your patience;
I am very sorry to hear you are having to deal with this; the good news is that CA is a community property state, so each spouse gets 1/2 of the community property; so if there is a business, the business spouse must buy out the other spouse-50%. Period.
As for spousal support, the non working spouse is entitled to spousal support from the working spouse. For long term marriages (more than 10 years) the court may award life time support.
The amount of support is up to the judge to decide, and the idea is to allow the spouse to live at the standard of living they got used to during the marriage.
This can be as much as 50% of the net income of the other spouse. The court will look to both reported and non reported income.
Also the court can order the working spouse to pay for the other spouse's legal fees according to Family Code 270 and 2030

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Thank you and take care!

No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  LegalGems replied 18 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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