California - Economic fault much of a factor in division of property?

utilitarianne said:

What is the name of your state? California

Hello,

I'm contemplating filing for divorce in the imminent future. While California is a no-fault jurisdiction, is my understanding correct that the courts here take into consideration economic fault during the property division/spousal support phase of the proceedings?

My salary is approximately 20% higher than his, and he is threatening to sue me for spousal support. Yet, over the past two years, my husband has withdrawn more than $20,000 from our savings and on numerous occasions has refused to deposit his paychecks to our joint accounts with no explanation/justification whatsoever.

Considering my situation, can I reasonably expect the courts here to deny his claim for spousal support? Your thoughts/observations would be much appreciated.What is the name of your state?

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Bali Hai said:

Assuming you make $100k and he makes $80k, the court COULD award him alimony 10K for every year you were married. Did he perform services rendered such as cooking and cleaning or any other homemaking activity?

100k - 80k= 20K, 20k/2=10k per year to equalize the earnings. 4 years * 10k= $40k

If you can prove wasteful dissipation of marital assets you could ask the judge to reduce the $40k you might owe by $20k which is what you say he pilfered out of the joint account.

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Ohiogal said:

Bali he did not PILFER any money. It was a joint account and he was entitled to it as much as she was. With a joint account he didn't need her permission. She could have had her own account during the marriage where she put her money she didn't want him to touch.

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LdiJ said:

Plus, as has already been pointed out, its a short term marriage AND there is only a 20% income differential, both of which makes an alimony award very unlikely.

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Bali Hai said:

He took the money surreptitiously and didn't replace it. That's stealing in my dictionary.

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utilitarianne said:

I hope you mean a divorce attorney, since I'm an attorney (corporate/tax) myself. As Family Law is not my specialty, I was hoping to get some color on certain questions while I interview potential counsel to help me resolve this mess.

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utilitarianne said:

Apologies for hijacking this thread, but to anyone out there who questions whether they would benefit from an experienced family law attorney to assist them during the divorce process: yes. Not just any attorney, but one who specializes in divorce law. Three years in law school & bar admission alone do not count.

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