Sacramento, CA asked in Family Law and Divorce for California

Q: Explain the 50/50 divorce law. Will I also receive alimony (25+ years of marriage.) His death/marriage stops payment?

He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.

Regarding alimony:

1. After a long-term marriage (usually 10+ years in California), the court may order alimony to be paid by the higher-earning spouse to the lower-earning spouse.

2. The amount and duration of alimony are determined by various factors, such as the length of the marriage, each spouse's income and earning capacity, age, and health.

3. In your case, given the length of your marriage (25+ years) and your financial situation, you may be entitled to receive long-term or permanent alimony.

4. Alimony payments typically end upon the death of either party or the remarriage of the receiving spouse.

Pension and Social Security:

1. In California, pensions earned during the marriage are considered community property and are subject to division in a divorce.

2. You may be entitled to receive a portion of your spouse's pension benefits based on the length of your marriage and the duration of his employment during the marriage.

3. Regarding Social Security, as an ex-spouse, you can receive benefits based on your former spouse's record if:

- Your marriage lasted 10 years or longer.

- You are unmarried.

- You are age 62 or older.

- The benefit you are entitled to receive based on your own work is less than the benefit you would receive based on your ex-spouse's work.

It's important to note that receiving Social Security benefits as an ex-spouse does not affect your former spouse's benefit amount.

Given the complexity of your situation, it is highly recommended that you consult with a qualified family law attorney in California who can provide personalized advice based on your specific circumstances.

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