Can I request a monetary damage award aside from spousal support? 2 Answers as of July 11, 2011

My marriage was bifurcated in July of 2010 but the final settlement has not been reached and we will more than likely have to go to trial. My former spouse has sent me a book on an after life in hell to my job at a securities firm (where he knows all correspondence must go through compliance and personal mail is not allowed), purposefully allowed our home to go into foreclosure (he had me sign a stipulation agreement to not live in the home and he would assume all PITI payments, maintenance, etc), forged my name on a military retirement SBP waiver (I have received the report and he has agreed to pay the back payments) and fraudulently has used one of my credit accounts. The first two items have placed my job in jeopardy. Can I request a monetary damage award aside from spousal support?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Possibly, if appropriately sought. Some of your husband's conduct might qualify as a breach of fiduciary duty, for which you may be able to receive an award of the amount of your community share of economic loss caused by your husband, as well as sanctions and attorney's fees. Family Code Section 1101(a) provides that a spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's present undivide one-half interest in the community estate. You could possibly be entitled to recover 100% of the economic loss, pursuant to Section 1101(h). Also, if the Court determines that any of your husband's conduct comprised domestic violence, you might qualify for money damages. If you are not now represented by counsel, you would best be served by retaining an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 7/11/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
California Family Law courts may consider this conduct justifying an award of attorney fees and or sanctions. If your spouse is in violation of temporary orders issued when the divorce was filed, then properly bringing this violation to the attention of the judge may produce a fee and or sanction award. You may also wish to consider seeking protective orders from the court to stop your ex from contacting you and your place of employment.
Answer Applies to: California
Replied: 7/7/2011
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