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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41014
Experience:  30 years as a family law lawyer .
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I am a 59 year old woman and have been married years. I have

Customer Question

I am a 59 year old woman and have been married for ten years. I have only worked odd jobs off and on in Our marriage. He has a pension that he will not tell Me about. My question is if divorced is he obligated to pay alimony for a short what length of time? Also can I find out or have the right to find out about his pension?
Submitted: 12 months ago.
Category: Family Law
Expert:  RayAnswers replied 12 months ago.

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

Any marriage of 10 years or more is a marriage of long duration and would warrant hi paying spousal support.

The duration would be half the length of marriage so around 5 years.

A California court determines the amount and duration of permanentspousal support by weighing twelve factors set out in Cal. Fam. Code §4320:

(a) Theextent to which the earning capacity of each party is sufficient to maintainthe standard of living established during the marriage

(b) Theextent to which the supported party contributed to the attainment of aneducation, training, a career position, or a license by the supporting party

(c) Theability to pay of the supporting party, taking into account the supportingparty's earning capacity, earned and unearned income, assets, and standard ofliving

(d) Theneeds of each party based on the standard of living established during themarriage; (e) The obligations and assets, including the separate property, ofeach party

(f) Theduration of the marriage

(g) Theability of the supported party to engage in gainful employment without undulyinterfering with the interests of dependent children in the custody of theparty

(h) Theage and health of the parties, including, but not limited to, consideration ofemotional distress resulting from domestic violence perpetrated against thesupported party by the supporting party where the court finds documentedevidence of a history of domestic violence, as defined in Section 6211, againstthe supported party by the supporting party

(i) Theimmediate and specific tax consequences to each party

(j) Thebalance of the hardships to each party

(k) Thegoal that the supported party shall be self-supporting within a reasonableperiod of time. Except in the case of a marriage of long duration asdescribed in Section 4336, a"reasonable period of time" for purposes of this section generallyshall be one-half the length of the marriage. However, nothing in this sectionis intended to limit the court's discretion to order support for a greater orlesser length of time, based on any of the other factors listed in this section,Section 4336, and the circumstances of the parties; and

(l) Anyother factors the court determines are just and equitable.

But from what you present here he would owe you court ordered spousal support for 5 years at least and he would have to disclose his retirement income and all income for that matter.You may want to consider a divorce lawyer to make sure you get what you are due here under California law.

I appreciate the chance to help you today.Thanks again and the best here.