This means that a judge will consider the lifestyle enjoyed by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount. 343 East Main Street, Suite 500Stockton, CA 95202 However, there must be proven some change of circumstance warranting modification, such as a change of employment for either spouse, material change in the income of either party, loss of health insurance, or other similar types of changed circumstances. Finally, you may be able to avoid paying alimony if you are able to prove that your spouse is able to support himself or herself. You have been working for decades, and you are ready to retire. Included within the previous consideration is the marketable skills each of the parties has and the current job market for those skills as well as any education or training needed to maintain or acquire those skills. The factors set forth in California Family Code 4320. For marriages lasting less than ten years, the length of support is presumed to be equal to one-half of the time. California is a community property state, which means that all property and assets acquired during a marriage are considered to be owned jointly by both spouses. All Rights Reserved. Your ex will try to convince the Court that despite thecohabitation, the marital standard of living cannot be maintained without thecurrent level of support. A qualified divorce lawyer can help you understand how alimony is calculated in California and can guide you through the divorce process. The judge must use a set offactors(theFamily Code 4320 factors) to decide the length and amount of support. If youve been married for 5 years, youll probably receive alimony for about two and a half years. Only the parties can agree to modify the amount. This code section does not take away the court's power to So even if Jordan experienced a job loss or medical problems that made it hard to earn a living, the judge wouldn't have any legal authority to extend or change the amount of alimony payments. WebAfter 20 years of marriage, a California judge will likely not set an expiration date on spousal support. years long was nearly a retirement contract. I read that recently several states are changing their divorce laws because of the hard economic situation, so it is not required to pay alimony for life even when the marriage lasted 20+ years there. Good men and women deserve great family law representation. Maybe it is 10 years What happens if the spouse who is receiving alimony remarries? Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it.
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