Q: Well, is it true in California even in a short marriage alimony must be paid?
My brother has been married for 5 years. The marriage is bad. She treats him really awful. He wants a divorce but his wife doesn't have steady income (real estate agent) so he's worried about the alimony, even if short lived. He has a lot of CC debt plus his mortgage takes most of his income even though he inherited half the house and the rest was a buyout of my half and a lawyer told him she can't get any of that. So even if he's in debt, he still must pay her something for 2.5 years(half the marriage?). He literally is in a bad marriage only because he thinks he can't afford to get out.
A:
In California, whether or not alimony (also called spousal support) is awarded in a divorce case, and for how long, is determined by the court based on several factors, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the financial needs and obligations of each spouse.
While there is no hard and fast rule that alimony must be paid in a short marriage, the court may still order it if the spouse seeking support can demonstrate that they have a financial need and the other spouse has the ability to pay. However, the duration of the support may be shorter than in a longer marriage.
It's important to note that California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses in a divorce. However, property that was acquired before the marriage or through inheritance or gift may be considered separate property and not subject to division.
It's understandable that your brother is concerned about the financial implications of a divorce, including the possibility of having to pay alimony. However, it's important for him to consult with a qualified family law attorney who can advise him on his specific situation and provide guidance on the best course of action. A good attorney can help your brother understand his rights and obligations, and work to ensure that any settlement or court order is fair and reasonable.
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