HELP! Cheating wife seeks HALF of husband's property + Spousal Support!

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

sns22 said:

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

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Are you perhaps the new girlfriend? If so, you have only heard his side of the marriage.
She could be entitled to half of everything, also depending on how long they were married.

AHA said:

She could be entitled to half of everything, also depending on how long they were married.

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Incorrect. She should only be entitled to half of what accrued DURING the marriage. If his 401K was $100,000 when he married her, and is now worth $175,000, for example, she is ONLY entitled to $37,500, NOT half the entire 401K.

And he half of HER account accruial during the marriage.

nextwife said:

Incorrect. She should only be entitled to half of what accrued DURING the marriage. If his 401K was $100,000 when he married her, and is now worth $175,000, for example, she is ONLY entitled to $37,500, NOT half the entire 401K.

And he half of HER account accruial during the marriage.

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Hence the word "COULD" in my reply. I never claimed she WOULD get half. Divorce settlements have surprised before.

In other words, DO YOUR OWN HOMEWORK ASSIGNMENT!

Thanks for the responses!

I am a family friend of the husband in this case. When I first heard of his situation I thought it incredibly unfair that she might get half of his total assets, even though it was she who cheated. Since they were married for a little over a year, it's a relief to learn that she may only be entitled to half of what he accrued in that year. I will relay this to him but definitely encourage him to get proper advice from a local divorce lawyer.

Thanks again.

Emotional Abuse

Doesn't the law, decrease the need for spousal support when emotional abuse is involved? If cheating on your spouse isn't emotional abuse, then, emotional abuse doesn't exist.

sns22 said:

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

Click to expand...

This case is in California, it is a short term marriage, presumably without a prenup. Adultery, virtual or physical is not an issue, while there may be claims of emotional distress, ithat is a part of why they are getting a divorce.

ca, law states whatever was acquired during marriage, everything gets split in half. But if property was acquired before marriage, or any inheritance, she would not be entitled to half.
I know about this my husband never worked and had abused me and my kids, cheated on me so many times and has a child from another woman is still fighting for all our assets, my 401k and any investment I have, does not pay child support and I am supporting all 3 children and hear this I had to pay him spousal support of $1600.00 until I had it stop because they said I make more than him.

camomof3

camomof3 said:

ca, law states whatever was acquired during marriage, everything gets split in half. But if property was acquired before marriage, or any inheritance, she would not be entitled to half.
I know about this my husband never worked and had abused me and my kids, cheated on me so many times and has a child from another woman is still fighting for all our assets, my 401k and any investment I have, does not pay child support and I am supporting all 3 children and hear this I had to pay him spousal support of $1600.00 until I had it stop because they said I make more than him.

camomof3

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You have got to be kidding me. You had to pay him spousal support after all of that. Although I have not heard the other side to this story, if what you say is true, that is absolutely horrible. To be abused, cheated on, and have a child outside of the marriage should constitute zilch for him - in my opinion. That's terrible. I wish I was the judge in this case. Good luck.

camomof3 said:

ca, law states whatever was acquired during marriage, everything gets split in half. But if property was acquired before marriage, or any inheritance, she would not be entitled to half.
I know about this my husband never worked and had abused me and my kids, cheated on me so many times and has a child from another woman is still fighting for all our assets, my 401k and any investment I have, does not pay child support and I am supporting all 3 children and hear this I had to pay him spousal support of $1600.00 until I had it stop because they said I make more than him.

camomof3

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You have got to be kidding me? You had to pay him spousal support after all of that? Although I have not heard the other side to this story, if what you say is true, that is absolutely horrible. To be abused, cheated on, and have a child outside of the marriage should constitute zilch for him - in my opinion. That's terrible. I wish I was the judge in this case. Good luck.

sns22 said:

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

Click to expand...

California is a no-fault state. She only gets half of what's accumulated after the marriage. All divorce cases are unique....Depending on the length of the marriage, and who makes more income, spousal support is questionable. Doesn't automatically happen, just because someone wants.

Doesn't matter who cheated who...in California....All's fair in love and war.

sns22 said:

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

Click to expand...

My response:

Please describe the woman; i.e., Age, work history, education, criminal history.

Also, do you know if he made any written or oral promises to her; e.g., "I'll take care of you for the rest of your life."

Lastly, what is the length of the marriage?

IAAL

sns22 said:

State of California.

Husband in California is going to get divorced. The Wife cheated on him on multiple occasions. She corresponded via email with her lovers. The Husband has copies of some of these emails.

Husband is innocent - never cheated, abused, or otherwise harmed the Wife.

She is now seeking half of the house and other property. She is also seeking Spousal Support. Not sure who filed for divorce.

Does she have any case? Does California allow cheating spouses to have any rights to the above?

Need help fast .. thanks a lot!

Click to expand...

As others have said, CA is a no fault state- doesn't matter who did what. (unless there was a crime of abuse and that would be a criminal issue).

With a marriage under a year- she'll have a hard time getting alimony unless she has proof he said he'd support her for an indefinate period of time. Usually alimony lasts for approx. 1/2 the length of the marriage- depending.

Anything he, she or they accrued during their marriage will be open to be split 50/50 between the 2 of them. Sometimes this entails selling property/assets to divide, or one spouse 'buying out' the other spouse of the value of 50% of the property/assets. Anything she had before, remains hers- Anything he had before remains his- Anything that was a gift to either one of them soley is their own.

I AM ALWAYS LIABLE said:

Also, do you know if he made any written or oral promises to her; e.g., "I'll take care of you for the rest of your life."

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Let's , for the sake of arguement, say that he DID say something like that:

As a matter of law, I find it curious that HE could be "held" to promises made in the marriage, when she basically discarded the BASIC promise that created the marriage (as in "marriage vow" - which is also a "promise"). As I understand the law, a contract of sorts is entered into when one marries (actuially, in Jewish law, a "contract of marraige" called Ketubah is signed and witnessed).

I am simply trying to understand why HE"d potentially be held to marital promises that benefit her, when she felt promises of the marriage could freely be discarded? If her actions proved that she was not acting as though promises of the marriage were believed by her to be binding, WHY would they ONLY be binding upon HIS side?