need help for my mother

[tazfrk]

My mom has been married to my dad for 32 years. He's recently cheated on her for the past year and lied etc. and we've just found out.
My questions are:
1. he's self employeed and runs his businesses through their house (that they own)... when she files for divorce, will she get the house?
2. if his businesses take off financially, isn't she entitled to half, regardelss if it's 10 years from their divorce? I ask because during their marriage they've invested their life savings into these companies of my dad's so I think there's something to be said there and her compensated in the future?
3. she hasn't worked in over 25 years, except for doing his accounting but was never paid. will she have to go back to work or isn't he supposed to pay for her to keep her current lifestyle?
ANY information on this would be much appreciated. She's scared out of her mind to divorce him because she feels like she'll lose everything, and after 32 years... I'm sure that's not true. I just don't have the answers for her and I'm trying to build a foundation of security for her. So any advise would be excellent. Thank you!!!!

sincerely,
Jamie in California

 

[I AM ALWAYS LIABLE]

My mom has been married to my dad for 32 years. He's recently cheated on her for the past year and lied etc. and we've just found out.
My questions are:
1. he's self employeed and runs his businesses through their house (that they own)... when she files for divorce, will she get the house?
2. if his businesses take off financially, isn't she entitled to half, regardelss if it's 10 years from their divorce? I ask because during their marriage they've invested their life savings into these companies of my dad's so I think there's something to be said there and her compensated in the future?
3. she hasn't worked in over 25 years, except for doing his accounting but was never paid. will she have to go back to work or isn't he supposed to pay for her to keep her current lifestyle?
ANY information on this would be much appreciated. She's scared out of her mind to divorce him because she feels like she'll lose everything, and after 32 years... I'm sure that's not true. I just don't have the answers for her and I'm trying to build a foundation of security for her. So any advise would be excellent. Thank you!!!!

sincerely,
Jamie in California

My response:

Although you said *you* were from California, you've never said the name of the State where this marriage and the problems are happening. Let me know. I don't want to assume.

IAAL

 

[tazfrk]

location

the marriage is in california, sorry i wasn't clear.
Looking forward to your response.
Jamie

 

[I AM ALWAYS LIABLE]

My mom has been married to my dad for 32 years. He's recently cheated on her for the past year and lied etc. and we've just found out.
My questions are:

1. he's self employeed and runs his businesses through their house (that they own)... when she files for divorce, will she get the house?

ANSWER: California is a Community Property State, meaning that each spouse is entitled to half of the whole of all assets, and responsibility for half of all liabilities. The house is not necessarily one spouse's or the other. If an agreement cannot be made between them concerning the house, then the house will be ordered sold, and all assets thereof divided equally.


2. if his businesses take off financially, isn't she entitled to half, regardelss if it's 10 years from their divorce? I ask because during their marriage they've invested their life savings into these companies of my dad's so I think there's something to be said there and her compensated in the future?

ANSWER: Again, the businesses are a Community Property Asset. During the divorce, an expert must be hired to evaluate the value of such businesses, and Mom can retain an ownership share of the valuation at the time of the divorce. If the businesses "take off" in the future, Mom will not obtain a share of that new valuation - - unless she's willing to take an equal share of the responsibility and liability should any or all of the businesses fail. Remember, in California, you cannot merely enjoy the assets, unless you're also willing to accept the liabilities.

3. she hasn't worked in over 25 years, except for doing his accounting but was never paid. will she have to go back to work or isn't he supposed to pay for her to keep her current lifestyle?

ANSWER: Absolutely. Mom will be able to receive Spousal Support in an amount for up to half of the total amount of years that the marriage lasted, that will keep her lifestyle as it currently exists. All of her personal and finanicial information will be plugged into a computer program called "DissoMaster" by her attorney, and voila, all of her preliminary financial rights and amounts will come spewing out of the printer according to current California statutes - - notwithstanding the further and additional valuation of the businesses.


Mom needs to get a free consultation with a Family Law attorney as soon as possible. The above information is VERY simplistic and preliminary. She'll need to have more specific information concerning the nuances of such a lengthy marriage. However, the above is a basic guide for Mom, and should give her a modicum of information to be able to discuss and deal intelligently with her own attorney in a one-to-one conversation.

Good luck to Mom.

IAAL

P.S. If you were wondering, California is a "No-Fault" State. Therefore, Dad's indiscretions have no bearing whatsoever on how the divorce is finalized, or what the division of assets and liabilities will be.

[Edited by I AM ALWAYS LIABLE on 01-02-2001 at 01:25 PM]