# Meeting with lawyer



## confusedinCA2020 (Jul 2, 2020)

I am meeting with the lawyer for first consultation this Friday. What questions should I ask? What should I have prepared beforehand? No kids in our marriage but I am worried that he is going to try to take 1/2 of my 401K plus demand spousal support since he doesn’t work.


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## bobert (Nov 22, 2018)

The judge may have you pay spousal support regardless of what you and your husband want. Since your husband isn't working, that seems likely. Ask about that.


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## TJW (Mar 20, 2012)

I'm rather sure he will not only demand, but will get spousal support. I don't think he can take any 401k, or any property you brought into the marriage. Bring any proof you have that shows he is able to earn money for himself, that he is not disabled, and has no impediments to work.


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## Lostinthought61 (Nov 5, 2013)

how many years have you been married?


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## confusedinCA2020 (Jul 2, 2020)

Lostinthought61 said:


> how many years have you been married?


Just hit 10...I am almost thinking he waited until after our anniversary to bring all of this up.. I feel so dumb


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## Lostinthought61 (Nov 5, 2013)

well here is an idea, and i have seen it done many many times....get a job transfer to another state like texas and spousal support for the most part is limited/capped.


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## Openminded (Feb 21, 2013)

Right after ten years in CA? Yeah, he likely did plan that. Is he capable of working?


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## MovingForward (Jan 19, 2017)

Just list all assets, income, debts and his work history. Also if you have any statements from your 401k for what was in pre marital. Any separate gifts/inheritance. 

Unfortunately California is a Community property state so technically he is entitled to 50% of everything you accrued together during the marriage, this includes appreciation on assets that were brought into the marriage if marital funds contributed towards them.

Also Spousal support is a possibility but lots of factors go into deciding the amount/duration etc. Depends on his ability to work and support himself and maintain the same standard of living he had during the marriage, if he has the ability to work it may be temporary until he finds appropriate employment but California also considers 10 years to be 'long term' so can have no end date and be sat judges digression for how long they feel it is required. 

Remember with the lawyer they are not your friend or agony aunt, they bill you hourly or in some instances in 15 minute blocks so keep to facts and provide as much info as possible to them.

Also in CA if domestic violence occurred and was documented it can sway settlements.

Good luck


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