We have been married for 14 years. Most all of that time we have been retired. We purchased two homes for rentals and we have a very nice home we live in. Virtually all of the money, approximately $1,000,000, was mine. My wife recently decided to go back to work. She will make an annual income in excess of $100,000. Now that she has this job she is thinking of divorcing me. I receive Social Security and we receive rental income of $1,700.00. She wants ½ of the rental income and ½ of the equity in all of our real estate. Do I have rights to income and bonuses?
Family Law Attorney
While you are married, you have a community property interest in your wife's income. However, once you are divorced, you can only have an interest if you are eligible for spoual support. The preliminary issue for spousal support is whether or not you have a need for additional income (beyond your own income) and whether or not your former spouse will have the ability to pay. There are many other factors then considered. Your situation, however, is far more complex. You have the home you live in to be dealt with, along with two rentals. I suspect you have vehicles, bank accounts, and perhaps other investments. It is not clear whether or not the home you live in and the rental properties would be considered community property and subject to equal division. You really need to make a preliminary asset and debt spreadsheet and consult with a good attorney.
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