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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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My gross is $120,000 a year. My ex is separating from

Customer Question

My gross is $120,000 a year . My ex is separating from military on 9/30. He is E7 Chief in Electrician. He said his retirement is 1100. We've been married for 17 years. I'm concerned he might try to file for alimony. How long is alimony if married for 20 years? It's retirement benefit pension and lifetime benefit just trying to understand the pros and cons of walking away from my retirement benefits as a former spouse
Submitted: 11 months ago.
Category: Family Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

1. What State do you and he live in?

2. Please clarify is he your "ex" are you still married?

Customer: replied 11 months ago.
I have been living in NJ since 4/1/2015. He lives on CA. I have lived in CA prior
2, I just mailed my papers to the divorcee doctor. It's a Petitions and Summons
Customer: replied 11 months ago.
Mediator, I mean
Expert:  Maverick replied 11 months ago.

Are you filing for divorce in NJ or in CA?

Customer: replied 11 months ago.
Expert:  Maverick replied 11 months ago.

Okay, thank you for the clarifications. Let me do some research and I will be back...

Expert:  Maverick replied 11 months ago.

There are approximately 14 different factors that a court considers in determining long term alimony under California Family Code 4320. See this link for the law. There is no set standard for what amount if alimony is ordered for a 20 year marriage. Rather, Family Code Section 4336(a) says that where a marriage is "of long duration," the court "retains jurisdiction" indefinitely after the divorce is completed, unless the spouses agree otherwise. Retaining jurisdiction means that the court has the ability to continue making decisions about alimony matters and can reevaluate its original orders and modify them if the facts justify a change. Any marriage that is longer than ten years is automatically considered to be "of long duration".

You and he are entitled to half of all the marital assets acquired during the marriage. You and him are entitled to your own separate property that you acquire before the marriage. He may be entitled to half of his pension under these circumstances.

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