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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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My husband had been married for 18 years in California. From

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My husband had been married for 18 years in California. From this marriage he had three children, who are all adults and work. The two unmarried daughters and his ex-wife liv e with the ex-wife's mother. At the Divorce the house in which the couple lived, was left to his wife and three young children at the time. Unfortunately the ex-wife lost the house and now lives at her mother. The ex-wife has always received alimony from the ex-husband, worth $ 500.00.

Now in march/2013, my husband retired and his salary decreased accordingly. I, his wife, look for a job, but because I do not have fluency in English nobody gives me a job.

The ex-wife has had an increase in pension more than three times the amount she received before. And she asked the judge that after her death, her daughters continue to receive the pension. The judge accepted the request of the ex-wife. That means my husband will have to pay that pension forever. Why????The ex-wife is American, and has never worked willingly. Today she claims to be sick, but the two times I met her I did not notice any problem, on the contrary, one of the times she was very happy and because it was the wedding of her son. During the party she was in perfect health. The daughters, as I have said before ,work and support themselves.
1) Why does my husband have to pay alimony to his ex-wife? If she is capable of working, even though she says she is sick?
2) Will he also have to continue to pay that amount to the adult daughters after the ex-wife dies? What justifies that?
3) How can we have this sentence modified?
4) This all happened in CA, but we now live in AZ. Which court would we go to?
Hello there:

1. Alimony and payments from a pension are not the same thing. A pension is earned property, like a house or a car or a bank account. If the ex-wife owns part of the pension, the money she receives from it is hers, not your husbands. If her portion of his pension equates to $500 per month, she owns that fraction of his pension and what he is paying to her is not alimony, it is the portion of the pension that she owns.

If she does not own part of his pension, then the action would not make sense. Alimony stops upon death of either party.

2. If the payment must continue because the wife owns part of the pension, that part will always belong to the wife or any of her heirs. It can be passed from one person to the next like any other piece of property. It would never belong to your husband.

3. It's possible that it might not be modifiable, but you would have to have the order and the case examined in person by an attorney to determine that answer with certainty.

4. Unless the court has previously ordered that the matter is transferred to AZ, the matter would continue in CA.
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