My ex husband is in law enforcement. He can retire at 50 but will not. Can I as collect my share of benefits when he is 50?
There is a method during a divorce for one spouse to get the present value of his or her half of the other spouse's retirement benefits. It is called a Gillmore election. I presume from your question that your divorce judgment was entered some time ago, and that it provides for your receipt of half of the community interest in his benefits when he begins to receive them. I believe it is now too late to change that. I suggest you take your judgment to a family law attorney and give him or her the opportunity to research your question.
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Community property is liable for the premarital debts of the parties, except for earnings that are kept separate. The separate property of one spouse is not liable for the premarital debts of the other spouse. Money you put in a joint checking account after marriage is going to be community property, and can be reached by your fiance's creditors after your marriage. Therefore the solution to your problem is to prevent community property from arising in your marriage. In general, you can do that in a prenup which provides that all your earnings during the marriage are your separate property, and that any business you may own when you marry will remain your separate property. I'd advise you to do a prenup rather than a postnup, whose validity might be questioned as a fraudulent conveyance. As my colleagues have suggested, getting a bulletproof prenup is difficult because of relatively new statutory requirements. You need a lawyer, and you need her to have a lawyer - an independent one - as well. Spousal support can be waived in a prenup, but not in a postnup. Costs vary.
I’m a lawyer in Carlsbad, California. A large part of my practice is family law, and many of my clients are Marines from Camp Pendleton. Once a service member has been diagnosed with PTSD, the diagnosis sticks like glue, having seriously adverse…
Husband has Narcissistic Personality Disorder. After 30+ years of mental abuse, I am finally feel safe enough to divorce my husband. I am the sole bread winner and he is convinced I am hiding money from him. He and his attorney are on fishing expeditions looking for money that isn't there and claiming he is unable to work. Looking for a lawyer who can handle NPD and fair spousal support negations.
By fishing expeditions, I trust you mean they are bludgeoning you with document production demands, interrogatories, and subpoenas. There are a couple of attorneys here in North county who are famous for this. One way to deal with it may be to overwhelm them with a mountain of paper. The usual way to begin overcoming the 'unable to work' routine is to start with a motion (RFO) for an order that he go through a vocational assessment. You have to prove that he has the ability and opportunity to work. As to NPD, you see a lot of it in Family Court. We'd be happy to help you.
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