Q: Regarding a divorce
I seeks a divorce as wife was a violent abusive person. yes she has a record of being violent. she came into an inheritance of 1.3 million dollars and is still trying to fight me for Alimony. she left me emotionaly distraught to where i dont trust women. I stress when i get a text from her. i dont understand why she cant just leave me alone? she is harrassing me at work. she was cheating on me. but she still wants alimony? my 401k. can she touch this? can i get some of her inheritance? she left me in debt with credit cards. what can i do?
A:
Under California law, the division of assets in a divorce can be complex, especially when it involves significant assets like inheritances and retirement accounts. Generally, inheritances received by one spouse are considered separate property and are not subject to division in divorce. However, if the inheritance was commingled with marital assets, it could be treated differently.
Your 401k, accumulated during the marriage, is typically considered a marital asset and may be subject to division. The specifics depend on various factors, including the length of the marriage and contributions made by each spouse.
Alimony decisions are based on several factors, such as the length of the marriage, the standard of living during the marriage, and each spouse's financial situation. The fact that your wife has her own substantial assets may be considered in determining alimony.
Given the complexity of your situation, including allegations of abuse, harassment, and financial concerns, it would be wise to seek legal advice. A lawyer can help you navigate the divorce process, protect your rights, and work towards a fair resolution.
If you are experiencing harassment or feel unsafe, consider seeking a restraining order. This can offer legal protection and address the immediate concern of harassment. Remember, addressing these issues legally can provide a structured and secure way to resolve them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
