I live in california, married for 30 years. My husband took an early retirement at 60 yrs old, with a significant loss in retirement benefits. he refuses to look for another job. if we divorce, do i have to pay HIM alimony ( i have a job.)
State/Country relating to question: California
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear about your situation.We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” or "Reply" Clicking either of the lowest two options reflects poorly on me (and not whether the law favored your situation), so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.Alimony is not quite as cut and dried as child support. The judge has a lot of discretion. First, your husband probably wouldn't get anything unless he asked for it. Assuming he did, then the judge would look at his income and expenses, and any income he had from marital assets such as bank accounts or real estate, and then determine whether your husband had enough money to reasonably meet his needs. The judge can also consider whether your husband is voluntarily unemployed or underemployed. If he took a big pay cut and retired early, you can ask the judge to consider that. Then, if the judge finds that he still can't support himself, and you can afford to help, yes, he has the ability and the discretion to order you to help him make up the difference.Please remember to rate my response before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are satisfied - if not, please click "reply" so that we may continue the conversation.
Attorney with experience in family law.
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