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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm seeking divorce. My husband makes 3,000.00 a month and

Customer Question

I'm seeking divorce. My husband makes 3,000.00 a month and 2,000.00 from his social security. He has a total of 5,000.00 income and that is net income. I'm only getting 1,500.00 from social security. We have mortgages, and debts to pay. Am I in entitled for alimony?
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. First of all, understand that alimony is subjective and is on a case by case basis, decided by the following subjective factors:

(a) 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: (a) earning capacity (b) the extent to which the supported party helped support the other party in gaining an education or maintaining a career. (c) The supporting party’s assets and ability to pay support. (d) the standard of living during the marriage. (e) The assets and separate property, of each party. (f) The length of the marriage. (g) The ability to gain employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health condition of the parties. (i) history of domestic violence 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) any 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.

California Family Code Section 4320 et seq.

The good news is that likely, given the disparity in income and that you are NOT employed, alimony would be granted. You can estimate how much you are likely to get HERE.

Good luck.

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