Garden Grove, CA asked in Divorce for California

Q: What is considered in alimony, date of separation or date of divorce in California? I'm a worried mom.

My daughter's husband ran off with a 21 year old while she was pregnant with their second child. He refused marriage counseling and now lives with this girl going on 3 years. At the time, he signed papers over financial stuff since he agreed to separate their bank accounts and finances. He's had several jobs since then, seems to get laid off alot. My daughter built a career and works very hard as a college math teacher. He wouldn't help her with filing the divorce papers so now it seems she hasn't done it either. I think she hopes he'll come back. He was "the one". They will be married 10 years next year. Even though he said he wanted nothing from her, he's been a dishonest person and I worry he might want to take alimony or half her retirement someday if he files in the future. Wouldn't the date of separation, recordable in the sense they signed financial papers (but did not legally separate) when he moved out, be considered or would the 10 year rule stick like glue?

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1 Lawyer Answer
Stephen Peter Anderson
Stephen Peter Anderson
  • Santa Maria, CA
  • Licensed in California

A: This is a very involved question. Spousal support is generally based upon needs of the party, after consideration of the incomes are in by both parties. Temporary spousal support in California is done through a computer calculation and takes into account not only incomes but deductions such as mandatory retirement health insurance premiums and other items. At the time of resolution of the case either by agreement or trial, the court is not allowed to consider a computer calculation but must consider a number of factors: lifestyles of the parties, work history, current income, education, health and others. Spousal support can be ordered from the date of filing of the petition for divorce, and can also be modified without retroactivity thereafter. The courts generally have discussion as to the time period in which spousal support can be requested. Long-term marriages, that is 10 years or more, canned permit spousal support to be paid for the life of the receiving spouse. They're generally is a Gavron Warning given to the receiving spouse that they need to make every effort to be financially self-sufficient within half the term of the marriage. As I indicated the question and response would be complex. You are best advised to seek counsel from an attorney as to your specific issues.

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