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Robert Burns, Esq
Robert Burns, Esq,
Category: Family Law
Satisfied Customers: 0
Experience:  Solo Practitioner at Robert Burns
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I am a disabled 49 year old woman living in California. I

Customer Question

I am a disabled 49 year old woman living in California. I have been married to my husband for 17 years. He has a Ph.D., I worked while he went to school to earn his degree. I have no income. He made over $140,000 last year. He has an excellent benefit package regarding health care, which I need. One medication alone is $15,000 per year. What can I expect in regard to length of alimony and amount. I also want a share of his 401k. He would not have this job if it were not for me and my help. My only asset is my car which is in his name. Our house which is underwater and I have a decedent IRA, which I know he is not entitled to because this is an inheritance. I have bipolar disorder and have been hospitalized several times. Please help me. He always threatens to call the police on me and it costs several thousands of dollars for every hospitalization. I cannot afford to see a lawyer.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. The court will use numerous factors to determine the amount of alimony and I have provided the code below which controls, for you to review. As far as length, the fact that you have been married for 17 years is helpful to your case. Marriages over 10 years in length are considered to be long term marriages, and chances are that there will be no automatic termination of spousal support after a certain period of time. It will be based upon your needs and if/how those change.

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 or perpetrated by either party against either party's child, 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 4324.5 or 4325. (n) Any other factors the court determines are just and equitable.

Customer: replied 1 year ago.
I slapped him for calling him a dirty name, he called the police. The judge dismissed the case, there are no charges. He pushed me, a mandatory reporter sent the police to my house, I lied and said he did not do anything to me. The female police officer told me I was lying to her. They left and did not take anyone. How would this factor into our divorce.
Customer: replied 1 year ago.
They took me to jail, he bailed me out and refused to press charges against me and I was 5150'd or is it 5152 when they take you from jail. Not sure.
Expert:  FamilyAnswer replied 1 year ago.

If charges were never filed and the cases were dismissed, it is going to be your word against his. There are certainly grounds for a divorce but it may not necessarily result in you being awarded more support, then if it did not happen.

Expert:  Robert Burns, Esq replied 1 year ago.

JustAnswer says, "Customer payment failed"

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