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Would the judge take financial contribution into account in dividing the marital properties?

Los Angeles, CA |

if one spouse has been providing main/stable financial support for the last at least 5 years or so (while the other spouse is consistently in between jobs), most of the mortage of the house is paid for by the main spouse. the other spouse has provided little to no financial support from the unemployment payments. i understand that the state of california divides all properties equally in a no-fault divorce, but was wondering in such a situation where the financial contribution was so one-sided, is there any consideration given for this? also, since the other spouse does not have a job, would the main spouse have to provide support or alimony also?

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Attorney answers 1


No consideration will be given because of different earnings during the marriage. Contributions from separate property, which have result in an increase to community assets, may result in different treatment.

Yes, spousal support can and usually will be awarded to a spouse that has insufficient income to support herself. However, in a short-term marriage spousal support will terminate, usually at ½ the term of the marriage.

The court will also expect the spouse receiving support to obtain and keep gainful employment so that the supporting spouse can terminate or reduce support earlier. You do not mention children. Child support can significantly affect the amount of overall “family” support.

I highly recommend you consult and retain an attorney. The court expects you to prove your case. The court will not do your work for you. Good luck.

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