2007-01-22 09:30:27 · 11 answers · asked by el chio 1 in Family & Relationships ➔ Marriage & Divorce
That's a pile of rubbish.
It doesn't matter how long you have been married the courts can still insist on alimony payments
The only thing that would stop it is a pre-nup agreement
2007-01-22 09:33:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
LONG TERM SPOUSAL SUPPORT
by Aaron Dishon, Esq.
In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage.
The California legislator has enacted a statute which indicates that when permanent support is established at the time of trial, it is an abuse of discretion for the court to set a future termination date if the marriage is of lengthy duration. The statute goes on to indicate that any marriage of ten years in duration is considered a lengthy marriage.
As a practical matter, in the late 1990s it appears that spousal support duration is linked to a transition period from married life to single life. The circumstances vary from person-to-person, but the courts tend to disfavor "lifetime support." However, where in a long-term marriage the supported spouse is disabled or seriously ill there will probably be a long-term order.
A recent appellate decision the court ruled that the duty of a supporting spouse to continue to work to support their ex-spouse ends at age 65 upon eligibility for retirement.
I don't know about California, but here...there are situation where you would have to pay alimony prior to being married that long, for example...if she has never worked and has no job skills, or if she put you through school and now you're successful, and she's left in the dust.
2007-01-22 09:33:09 · answer #2 · answered by Lisa E 6 · 0⤊ 0⤋
I think you have it a bit backwards...Spousal support is a 10 year sentence in California. I'm not exactly sure what length of time you've been married creates the situation, however it's not very long before the spouses are "fully vested" in the relationship. At the time of divorce the assets are divided equally and so is the next ten years income.
If you've been married a relatively short amount of time you may be eligible for an annulment rather than a divorce, check that out, I believe it alleviates the community property issues as well...
2007-01-22 09:37:04 · answer #3 · answered by kb6jra 3 · 0⤊ 1⤋
Alimony is no longer paid on a permanent basis in California, IF it is awarded it is awarded for a specified limited amount of time. The most I've heard of has been 7 months, that is for the nonworking spouse to have ample time to find work to support themselves on. In most states now alimony is a thing of the past due to the passage of the ERA, the idea being that if a woman is equal then she can just as equally support herself if she is able bodied. Alimony is only awarded if the non-working spouse is not working due to a disability that will prevent them from ever working.
2007-01-22 09:44:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No that is not true. Law says that if you are married 10 yrs and up, you may be required to pay alimony for half the duration of the marriage. For a shorter marriage, it is up to the judge, depending on financial circumstances on both sides. BTW, I am from CA, had 3 divorces in the state.
2007-01-22 09:34:14 · answer #5 · answered by nanny4hap 4 · 1⤊ 0⤋
It varies by state, there has to be a length of time before a spouse is awarded any alimony, HOWEVER if the spouse that was married, can prove beyond a reasonable doubt that you provided a custom of living that they could not accomplish by working a job with in their field or scope of practice, then you could be responsible to equal the income to maintain their custom of living--REMEMBER though they have to PROVE that--so the cards are in your favor!
2007-01-22 09:43:01 · answer #6 · answered by Austins Mom 6 · 0⤊ 0⤋
Check with a lawyer! From my understanding, like most things it "depends." Can you support yourself, do you need to go back to school or are you planning on not working because you don't want to.
From my experience, in CA, the court won't automatically make him if the ex-wife can take care of herself.
2007-01-22 09:37:32 · answer #7 · answered by Dizney 5 · 0⤊ 0⤋
I live in Indiana so I do not know what the laws are there but if you click onto this link. It should give you some tips.
http://www.totaldivorce.com/divorce_laws_california.asp
Hope that it helps!
2007-01-22 09:39:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Wish-full thinking has got you by your *#@*.....!!! and by the way its ALIMONY, trust me I know.
2007-01-22 13:03:43 · answer #9 · answered by Skinz 3 · 0⤊ 0⤋
i'd tend to think that was a bunch of bull.
2007-01-22 09:33:03 · answer #10 · answered by KRIS 7 · 0⤊ 0⤋