QUESTION
Is my husband entitled to half my money in a divorce if we have been physically separated?
Asked on Jan 05th, 2022 on Family Law - California
More details to this question:
I left my husband 4 months ago due to domestic violence and moved in with my parents (and our son). We sold our home and split the proceeds from the sale, 50/50. We have been living separately for the past 4 months and have our own separate bank accounts. When going through the divorce process, would he still be entitled to receiving half of my earnings/money during this time of physical separation? It may also be important to note that I have had our 18 month old son 100% of the time, and he hasn't provided me with any money for him.
1 ANSWER
1 Award
No. Everything you have earned post-separation is yours. Just make sure you don't comingle your earnings (combine it) with assets or accounts that you both owned during the marriage.
File for child support. You can go to Child Support Services in the county you live in. You can visit the website for child support, they have a child support calculator where you can enter your income, his income and the percentage of custody he has (In this case ZERO) and you will get a guideline amount of how much he would have to pay you for Child Support.
Or you can hire a competent family law attorney that can assist you in obtaining a divorce, custody and child support.
Answered on Feb 02nd, 2022 at 6:15 PM