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How does one figure out alimony payments with an uncontested divorce?

Sacramento, CA |

A couple is filing for divorce after 25 years of marriage and has been seperated for 4 years as of current. There are no minor chilren. They do not own property or have major debt. Spouse 2 traded in car for new leased car in #2's name for Spouse 1 and took Spouse 1's 14 yr. old car.
Spouse 1 gross yearly income = $24,000
Spouse 2 gross yearly income =$44,000

Spouse 1 is 58 yrs. old. no heath issues.
Spouse 2 is 50 yrs. old. no major health issues.

Spouse 1 and Spouse 2 cannot afford to hire attorneys, so they both agree to file uncontested divorce.

What is the best way to figure out spousal support payments to Spouse 1?
Also how to figure out when spousal support should end.
Both spouses have always worked.

Attorney Answers 3

Posted

The simple solution is to add up the income and divide by 2. But, there are other considerations. Even though you do not want to hire attorneys, perhaps you can jointly go to an attorney for a consultation to run the numbers for you, teach you about permanent and temporary support and tell you what your options are. Then you can negotiate between the two of you what permanent support should be set at.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

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Posted

I agree with my colleague. This is a marriage of long duration. The health of the parties is an important factor to consider. Equitable principles are also considered. The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage is considered. The marketable skills and job market are looked at. The age, health and education of the parties is looked at. There are other factors in Family Code Section 4320. Google California Family Code Section 4320 for more help with the factors, and applying these factors to your situation.

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Posted

I agree with both answers above, and they should be helpful to you. While there are many factors to consider and you have many options, you could roughly compromise on Spouse 2 paying $250 to $300 a month until some material change in circumstance. Basically, Spouse 2 should be paying until full retirement age as then set by the Social Security Administration. You both should meet with a lawyer or mediator.

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