Santa Ana, CA asked in Family Law for California

Q: We Live in California, With my boyfriend for 10+ years. If we separate can I sue him for half of his retirement?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, unmarried couples who have been living together for an extended period may be able to make certain legal claims against each other's property or for financial support after a separation. This concept is known as "palimony," which is similar to alimony but applies to unmarried couples.

To sue for palimony, you would need to prove that there was an express or implied contract between you and your boyfriend. This means you would need to show evidence that you both agreed (verbally or through your actions) to share property, assets, or provide financial support to each other.

Without a clear agreement, it can be challenging to successfully claim a portion of your boyfriend's retirement funds. The court will not automatically assume that you are entitled to a share of his assets simply because you have been living together for a long time.

It's important to note that every case is unique, and the outcome may depend on the specific facts of your situation. If you are considering legal action, it is best to consult with a family law attorney in California who can assess your case and advise you on your legal options.

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