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California's endless alimony - is there a decline sometime?
For a long-term marriage, does one spouse have to continue to support the other one indefinitely? Is there any decline? Is the requirement to support the ex-spouse at a level commensurate with the previous annual salary or if someone gets a decent job, will the ex get a huge chunk of the income?
4 Answers
- 9 years agoFavorite Answer
One appellate court recently cited the Supreme Court of California as recognizing that we no longer have lifelong spousal support in California.
As recognized by our Supreme Court the public policy of this state has progressed from one which "entitled some women to lifelong alimony as a condition of the marital contract of support to one that entitles either spouse to postdissolution support for only so long as is necessary to become self-supporting."
In re Marriage of Schmir (2005) 134 CA4 432
Basically, you need to prove that your ex wife has been given adequate time and means to support herself and that she has failed to do this.
If you get a better job, she cannot get a bigger chunk of your income without going to court for it.
- Mr PlacidLv 79 years ago
The amount of support is set to reflect the living standard that existed during the marriage. A court cannot increase the support payments just because the supporting spouse gets a better job subsequent to the divorce.
You can always petition for a modification of an existing support order. You must have evidence that shows a substantial change in circumstances such that a modification is warranted. See Family Code sections 4320 to 4326 for more information.
- cubaLv 45 years ago
No. California is a no fault state. dishonest gained't bypass adversarial to her contained in the divorce. considering the fact that they have been married over ten years she is amazingly likely to get both newborn help and alimony. newborn help is in a lot of situations 20% of his pay and Alimony will be as a lot as yet another 20%. it may bypass on till the little ones are 18 for the youngster help and something of her existence if she would not get married for alimony. Alimoney will be stopped once she remarries if she does.
- Anonymous9 years ago
Just leave the state and tell them to bugger off.