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In california, can my ssdi income become alimony. if so what is the usual portion of the monthly income.

Sun City, CA |
Filed under: Divorce

we have a 401K with 70K. can i give it all to her to negotiate a lower garnishment of my monthly income from ssdi.

Attorney Answers 2


  1. Best answer

    The 2 issues are entirely distinct from each other. The 401k is an asset and will be divided according to community property laws in California. Spousal support, or alimony, is based on your income. I have included a link below which will provide you with some more information about what the legal definition of "income" is under the Family Code. What you are suggesting is to propose a "buy-out" of your spousal support obligation. It may not be a bad idea, but you should consult with an experienced family law attorney to guide you in the process. Good luck to you!

    By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.


  2. So are there current spousal support orders in place with a garnishment of your SSDI already in place? Also, I would want to know how long were you married, your ages, and what her income or earning potential is. You can always negotiate and come to an agreement with the other party. You should consult with an attorney to discuss how much of the 401k you are entitled to and the pros and cons of giving up your portion in exchange for keeping more of your SSDI.

    DISCLAIMER - The materials provided in this answer are informational and should not be relied on as legal advice. Nothing in this email message creates an attorney-client relationship. You should always consult a lawyer in your state regarding your specific legal matter.

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