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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband and I are about to file .We have been married

Customer Question

My husband and I are about to file for divorce.We have been married for 36 years.I make more money than he does. He is about to receive a settlement from Workers Comp.Will I have to pay alimony and will I be able to get any of the Workers Comp settlement?
Submitted: 4 months ago.
Category: Family Law
Expert:  Samuel II replied 4 months ago.

Hello

This is Samuel.

Expert:  Samuel II replied 4 months ago.

I will provide you the information in this regard. Please note I do not participate in any phone call offers which are automatically generated by this site. I will respond here.

Customer: replied 4 months ago.
where is my answer
Expert:  Samuel II replied 4 months ago.

Thanks for your patience while I type the answer.

Expert:  Samuel II replied 4 months ago.

It will depend on if the WC settlement is designated as income and if it comes through before the final divorce. And if it includes anything for the future as in for pain and suffering, that would be exempt from your share. Otherwise, any other part of the settlement is considered marital under CA 50/50 distribution law and you would be entitled to half.

Expert:  Samuel II replied 4 months ago.

Now I'm going to answer part 2 of your question. Then if you have more questions you can respond. Again thanks for your patience.

Expert:  Samuel II replied 4 months ago.

As far as spousal support, a court will need to evaluate the following:

Marketable skills of the spouse or partner getting support;

Job market for those skills;

Time and expense the spouse or partner who gets support will need to get the education or training to develop more marketable skills or to get a job;

Extent that the earning capacity (the ability to earn income) of the spouse or partner who gets support was impaired by periods of unemployment during the marriage/partnership when he or she was devoted to domestic duties.

And so a spouse may not self impoverish themselves. If he can work, and earn a living, then you may not be ordered to pay. However, if he needs time to get through his injury to get back on his feet, you may be ordered to pay an amount on a temporary basis.

Customer: replied 4 months ago.
If they deem him permanently disabled will I have to pay if I make more money?
Expert:  Samuel II replied 4 months ago.

That is a good possibility, yes. It is possible if he is not able to work due to no fault of his own. And he is not going to be employable.

Expert:  Samuel II replied 4 months ago.

I suggest you can try to negotiate a temp amount for say 1 year and then see how well he has progressed.

Expert:  Samuel II replied 4 months ago.

If he has progressed for employment reevaluation, then the support would end. If he has not, then he can file for an extension based on the prognosis.

Customer: replied 4 months ago.
Thank you
Expert:  Samuel II replied 4 months ago.

You're welcome. Again thanks for your patience. And thanking you in advance for a positive rating as that is how I get credit for my time and information. Good luck

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