How much alimony does CA require for unemployed ex spouse?
Lomita, CA
Viewed 1143 times.
Posted 12 months ago in Alimony
Flag as objectionable
Alimony For Husband:
I was married to my wife for 6 years and she was the primary bread winner for the last 5 while I stayed home to take care for the children. We live in CA and she makes app. 4k a month while I made 0. I have a BA degree, but an almost 5 year gap in my work history and put my master's in teaching on hold. How much alimony would she be required to pay?
- Is this your question? Add additional information
Answers (1)Marshall William Waller
This attorney is licensed in California.
Posted 12 months ago.
Flag as objectionable
Before providing an answer to your question, I need to recommend that you consult with an attorney in your area who can answer these questions in greater detail, and as applied to your particular situation. The information contained in this answer is just that: information only. You cannot rely upon it as a legal opinion or advice. The calculation of alimony, or "spousal support" in California is actually somewhat complicated. There are essentially two types of spousal support in California: temporary and permanent. The temporary spousal support refers to the support that is received during the pendency of the litigation. This support is usually calculated pursuant to a formula. In Los Angeles County, the courts employ what is known as the Santa Clara County guidelines. Essentially, the formula calculates 40% of the paying party's net income and subtracts from that number, 50% of the receiving party's net income. The remaining figure is the suggested amount of support.
"Permanent support" is a much more complicated exercise. It involves the consideration of a variety of factors, as are set out in the California Family Code. These factors include (but are not limited to) such things as the health of the parties involved, the length of the marriage, the financial situation of the parties, the marital standard of living, and things of this nature. These factors can be found in section 4320 of the Family Code. Quite literally, volumes of writings have devoted themselves to the analysis of the calculation of permanent spousal support. As such, any attempt by me to do the same here is impossible. As indicated above, I strongly suggest you consult with an attorney who can give you more detailed advice on the subject. As for how long you can anticipate to receive support, generally speaking (and when I say that I mean that this is not a hard and fast rule, but, rather, is simply the guideline for presentation by the court), if you have been married for less than 10 years, you will likely receive the support for a period of time roughly equal to one half the length of your marriage. If you have been married for more than 10 years, the courts are free to enter whatever calculation they deem appropriate under the circumstances presented by your case.
Back to Search Results
Next question: lease question Previous question: When does an OK employee become entitled to sales commissions? |