I live in CA, and would like to file for divorce from my wife. We have been married for 23 yrs, I am 52 and she is 62.
She used to work throughout her career but about 7 yrs ago, she quit her job and never did get around to finding another one as promised. I make enough money to support us both financially. Will I have to pay her alimony permanently? How will her social security income change the amount of alimony?
There are two types of spousal support--temporary and permanent. ITemporary support is paid during the pendency of the divorce and based upon a showing of need (by the payee) and ability to pay (by the payor). Permanent support (though not technically "permanent") is paid from date of divorce onward. During the pendency of the divorce, the person needing support would need to file a motion for temporary spousal support. Then, as part of the divorce issues needing resolution, the payee would ask the court for "permanent" support. In long-term marriages, the support calculator referenced by my colleague would not be solely relied upon in setting permanent support. The court would also look to factors outlined in Family Code 4320. If your wife is currently or expected to receive social security in the near future, that income will also be a FACTOR to be considered.
Whether or not your wife is entitled to spousal support is a complicated issue--and as such, cannot be appropriately addressed in this response. You might want to consider speaking to an attorney willing to provide you with a free consultation.
PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed... more
PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators.
Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.
Please understand that there is no "alimony" in California - it is called "spousal support" and the court has the authority to order either the husband or the wife to pay spousal support to the other upon divorce. But, whether or not spousal support is ordered by the court is at the discretion of the judge, it is not mandatory. The California Courts website has an explanation that you may find helpful. Go to www.courts.ca.gov and click on "Self Help" and click on "Divorce and Separation" and click on "Spousal/Partner Support." You may want to seek out the services of a family law mediator or collaborative attorney to help you and your wife resolves this issues without fighting in court.
Disclaimer: If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom... more
Disclaimer: If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.