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Unemployed Husband

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JsFedUp

Junior Member
What is the name of your state? CA
Married over 20 years. My husband has been chronically unemployed during our marriage (~50% of the time). I have always worked except for a few years when I had our only daughter. Because of his unemployment, we are in debt (periodically borrowing against our HECL). The majority of saving that we have is due to my stock options and grants from various employers. Will he automatically get 50% of the estate even though he has not been a contributor to anything other than our debt?What is the name of your state?
 


Silverplum

Senior Member
What is the name of your state? CA
Married over 20 years. My husband has been chronically unemployed during our marriage (~50% of the time). I have always worked except for a few years when I had our only daughter. Because of his unemployment, we are in debt (periodically borrowing against our HECL). The majority of saving that we have is due to my stock options and grants from various employers. Will he automatically get 50% of the estate even though he has not been a contributor to anything other than our debt?What is the name of your state?
Yes, it's quite likely.
 

Bali Hai

Senior Member
What is the name of your state? CA
Married over 20 years. My husband has been chronically unemployed during our marriage (~50% of the time). I have always worked except for a few years when I had our only daughter. Because of his unemployment, we are in debt (periodically borrowing against our HECL). The majority of saving that we have is due to my stock options and grants from various employers. Will he automatically get 50% of the estate even though he has not been a contributor to anything other than our debt?What is the name of your state?
Are you going to divorce or die?

Assuming divorce, why shouldn't he get 50%?? If the role were reversed, you would expect 50% wouldn't you??
 

fairisfair

Senior Member
What is the name of your state? CA
Married over 20 years. My husband has been chronically unemployed during our marriage (~50% of the time). I have always worked except for a few years when I had our only daughter. Because of his unemployment, we are in debt (periodically borrowing against our HECL). The majority of saving that we have is due to my stock options and grants from various employers. Will he automatically get 50% of the estate even though he has not been a contributor to anything other than our debt?What is the name of your state?
he will also get his fair share of the marital debt, if that is any consolation.
 

tuffbrk

Senior Member
No - no one has mentioned that! Then again, it's Friday - why ruin her weekend?!:(

Hey VL - Enjoy yours Sweetie!!:)
 

mistoffolees

Senior Member
no one has even mentioned that she will probably have to pay him alimony as well.
So as not to ruin her weekend, 'probably' is too strong. 'may' would probably be more accurate.

What the court will look at:
- How much were their relative earnings when he was working.
- Is there any valid reason that he CAN'T work rather than WON'T work.

If their earnings were similar and he simply chooses not to work, she may not owe anything. A lot depends on the judge and the culture in that area. Of course, depending on the custody determination, someone is likely to end up paying child support, as well.
 

Silverplum

Senior Member
So as not to ruin her weekend, 'probably' is too strong. 'may' would probably be more accurate.

What the court will look at:
- How much were their relative earnings when he was working.
- Is there any valid reason that he CAN'T work rather than WON'T work.

If their earnings were similar and he simply chooses not to work, she may not owe anything. A lot depends on the judge and the culture in that area. Of course, depending on the custody determination, someone is likely to end up paying child support, as well.
You forgot one:
Twenty Years Of Marriage. ;)
 

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