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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36331
Experience:  30 years as a family law lawyer .
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My husband and I are getting divorced in Ca. We have been

Customer Question

My husband and I are getting divorced in Ca. We have been married 17 years and I have not worked all that time outside the home. He says no way amy alimony if I can find a job after the divorce. Just split assets and that's it. At this time I am taking care of and living with my 95 year old father. At 62 I don't see how this possible. Is he correct?
Submitted: 4 months ago.
Category: Family Law
Expert:  RayAnswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

This is not correct.Any marriage longer than five years has potential spousal support.You may want to consider your own lawyer.In such a situation you are entitled to roughly 35-40% of his net income after single deduction.There is no way a judge would not award you support here and long term basis.He might owe you spousal support for the rest of your life.Again a lawyer here can get you this it is critical for your long term future.

I appreciate the chance to help you today, wish you the best here in the divorce.

Expert:  RayAnswers replied 4 months ago.

The controlling statute that the court must consider in establishing permanent spousal support states the following:

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.

“The duration of spousal support is left to the discretion of the court within certain general equitable principals and guidelines.”

Length of Spousal Support

A general rule is that spousal support will last for half the length of a less than 10 years long marriage. However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.

You would be looking at say 8 years of spousal support roughly half the length of marriage.