Filed on 1/29, Husband lost Job 2/10

[Sokols]

What is the name of your state (only U.S. law)?CA
Married over 20 years
Divorce papers were processed and filed in Jan/09. My husband was served last weekend. Since the paperwork was done my husband was laid off. He is planning on collecting unemployement and not going back to work. Based on his employment records he has made approx. $70 - $120K over the last 12 years. I make $45K. Will I have to pay him alimony? We have separate bank accounts, since last spring, but he has a considerable amount of money in his accounts. He has been withdrawing alot of funds from the accounts. At what point will I have access to what I feel is joint $ or prevent him from going thru it before the divorce is final? Is he obligated to pay the mortage, and bills if my funds are depleted?

 

[Ohiogal]

Were restraining orders issued preventing any accounts from being depleted when you filed? If so, time for contempt. If not, time to get restraining orders in place.

 

[Sokols]

no restraining orders on bank accounts. I have kept the transactions records. If I am not able to pay 1/2 of the household bills is he than obligated to pay them.

 

[Ohiogal]

no restraining orders on bank accounts. I have kept the transactions records. If I am not able to pay 1/2 of the household bills is he than obligated to pay them.

Not unless there is a court order stating that he is. Granted if his name is on the bill, the creditors can pursue him but that doesn't mean he has to pay.

 

[Sokols]

Can I legally transfer 1/2 of the remaining $ from his bank account to the pay the bills? We have separate bank accounts but aren't they still considered joint holdings until we are either legally separated or divorced?

 

[LdiJ]

Can I legally transfer 1/2 of the remaining $ from his bank account to the pay the bills? We have separate bank accounts but aren't they still considered joint holdings until we are either legally separated or divorced?

I wouldn't do that without consulting a local attorney. You are in a community property state, but if you don't legally have access to his bank account it could be sticky.