If I’m divorcing my wife after 3 years and she claims shes going to take half of my bank account, does she have this right?

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If I’m divorcing my wife after 3 years and she claims shes going to take half of my bank account, does she have this right?

We never lived together. I support her financially and she has access to my account. She claims that she can take half of my earnings. What can I do? We live in a community property state but were married out of state.

Asked on March 25, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, in a community property state marital assets are split 50/50.  What needs to be determined here is what is a marital asset.  There is too much info that you have left out to determine that.  It is true that money earned during a marriage is marital money.  The fact that you do not live together may or may not matter. Please seek legal help in your area.  Good luck. 


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