wanting out after 10 years of drugs, verbal and physical abuse and booze,while i am the sober one( from day 1) that put up with it for so long. dont have much - a home in my name only. no childern (grown) very little debt but enough. he makes 90,000 a year i make 20,000 a year. he has no retirement or pension but i do. i cant afford a lawyer and either can he. (money went to most of his habits.) but i dont want to make this a messy divorce i just want out, will he have to pay spoual support? and can he take my retirement?
A 10 yr marriage is considered a marriage of long duration in CA, and therefore, the court will retain jurisdiction over support issues indefinitely. With a 70K difference in incomes, you would almost certainly get spousal support, unless you move in with another man. He may get a percentage of your retirement as those accts. are considered community assets, as is your home. Only the equity earned during the length of the marriage is divisable. And since he makes over four times your income, he could be ordered to pay your attorney's fees. Quite common in CA. If you feel threatened, you can file an ex parte motion for a TRO to get him out of the house. If danger is imminent, the you should just leave but still file asap. Then file for SS and a divorce, asking the court to order him to pay your attorney fees.
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