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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12847
Experience:  B.A.; M.B.A.; J.D.
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My wife and I have been married for almost 25 years, but are

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My wife and I have been married for almost 25 years, but are going to be divorced. She has a small pension and SS Disability. Will I have to pay her alimony for the rest of my/her life, or is there some limit to it.

Also, we inherited some oil leases from my mom less than a year ago. Is that considered comm. property after such a short time of ownership as compared to items we have owned for a long time?
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: My wife and I have been married for almost 25 years, but are going to be divorced. She has a small pension and SS Disability. Will I have to pay her alimony for the rest of my/her life, or is there some limit to it.

Response 1: It is most likely that a permanent alimony would be ordered by the Court in this case because of her disability.


Also, we inherited some oil leases from my mom less than a year ago. Is that considered comm. property after such a short time of ownership as compared to items we have owned for a long time?



Response 2: If you inherited the oil leases from your mother, the leases are considered your separate properties and are not community properties and are thus not subject to property division. If your mother gave both of you the oil leases, that is, if both of you were named the beneficiaries of the oil leases, then the oil leases are martial properties and thus subject to 50/50 distribution if you and your spouse do not arrive at a different arrangement.



Below are the factors the Court would review before awarding alimony/spousal support. Also, any marital assets, assets that you acquired during the marriage with the exception of those classified as separate properties such as inherited properties, would be divided 50/50 by the Court if you and your spouse do not come to an agreement as to the division of the marital assets. Any property acquired before the marriage or with separate assets; inherited assets would not be subject to property division. See California Family Sections 4320, 760, 770, 772, 2550.


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326

4320. In ordering spousal support under this part, the court shall

consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is

sufficient to maintain the standard of living established during the

marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market

for those skills; the time and expenses required for the supported

party to acquire the appropriate education or training to develop

those skills; and the possible need for retraining or education to

acquire other, more marketable skills or employment.

(2) The extent to which the supported party's present or future

earning capacity is impaired by periods of unemployment that were

incurred during the marriage to permit the supported party to devote

time to domestic duties.

(b) The extent to which the supported party contributed to the

attainment of an education, training, a career position, or a license

by the supporting party.

(c) The ability of the supporting party to pay spousal support,

taking into account the supporting party's earning capacity, earned

and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living

established during the marriage.

(e) The obligations and assets, including the separate property,

of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful

employment without unduly interfering with the interests of dependent

children in the custody of the party.

(h) The age and health of the parties.

(i) Documented evidence of any history of domestic violence, as

defined in Section 6211, between the parties, including, but not

limited to, consideration of emotional distress resulting from

domestic violence perpetrated against the supported party by the

supporting party, and consideration of any history of violence

against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting

within a reasonable period of time. Except in the case of a marriage

of long duration as described in Section 4336, a "reasonable period

of time" for purposes of this section generally shall be one-half the

length of the marriage. However, nothing in this section is intended

to limit the court's discretion to order support for a greater or

lesser length of time, based on any of the other factors listed in

this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be

considered in making a reduction or elimination of a spousal support

award in accordance with Section 4325.

(n) Any other factors the court determines are just and equitable.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=760-761


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=770-772


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2550-2556

Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12847
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Family Law Specialists are ready to help you

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