If my husband has 6 years of backpay coming to him and we’ve been married for 2 years, am I entitled to half of the backpay if we divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband has 6 years of backpay coming to him and we’ve been married for 2 years, am I entitled to half of the backpay if we divorce?
I have been supporting him and his children the whole time and actually have had to pay his debts, car registration, etc. back income taxes so he could qualify for the background check to return to the job. The backpay is a result of a revoked termination, so he will get a huge lump sum for this year. He has verbally promised me all of it, but I don’t want all of it. I just want half because I think that is fair.
Asked on July 5, 2012 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Your husband's back pay which represents income before marriage is his separate property and you would not have any claim to his separate property.
Your husband's back pay which represents income during the two years of your marriage is community property and you would have a claim for one half of that income.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.