San Diego, CA asked in Divorce for California

Q: Both I and my husband are 53. We are talking divorce. Here is the situation

We own a house which can be sold for $900,000

We have 2 kids, one is 21 going to medical school next year; one is 12

My husband stopped working 6 years ago, doing trading option at home

I make $51,500/year supporting all the needs and doing all the chores

According to him, we don't have savings, but he won't release the account under his name

We have married for 22 years, both have post-graduate degrees

If we divorce, 2 kids will live with me

I want to know if I have to pay him alimony if we are divorced

how should we split the money if we sell the house.

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3 Lawyer Answers
Domingo R. Castillo
Domingo R. Castillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Indio, CA
  • Licensed in California

A: California is a community property state which means in theory, half goes to each spouse. However, there are a lot of questions in regards to your husbands earnings for the last 6 years and you need to see all the financial books (bank accounts) etc before we can address that part. If the house is all paid, you are ahead of the game. I highly suggest that you contact my office so we can discuss all your options. You have a lot to lose if you try to handle this by yourself. We would request and obtain a expert to look at your husband and his vocational skills and ability to work. Call our office to further discuss. Call us at (619) 281-4400 or (760) 863-4800. The initial consultation is free.

Thank you,

Castillo & Associates

3443 Camino Del Rio South #315

San Diego, Ca 92108

1 user found this answer helpful

Ali Shahrestani,
Ali Shahrestani,
  • San Francisco, CA
  • Licensed in California

A: It depends on his income, which would need to be disclosed in any divorce. If you're amicable, perhaps a collaborative divorce may be the right choice for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Ashley Negrette
Ashley Negrette
  • San Diego, CA
  • Licensed in California

A: Typically, both spouses are required to disclose assets and sources of income. If your husband is refusing to disclose the information I strongly recommend you contact an attorney for help. Based in the information you provided, I cannot tell you who will have to pay alimony or an exact amount because the court will review several factors when making that determination.

If you want to talk more about this please call my office at (619) 356-1448 and visit my website at

I'm happy to help you in this difficult time. I offer a free 30 minute consultation and I am conveniently located in downtown San Diego.

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