Q: My husband is an heir. He's divorcing me before inheritance. Am I eligible to sue for alimony if marriage is just 1 yea
Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce
A:
Under California law, the duration of the marriage is a key factor in determining eligibility for alimony, also known as spousal support. In marriages of short duration, typically less than ten years, the court may grant alimony, but it is usually for a period that is half the length of the marriage.
Since your marriage lasted only one year, you may be eligible for alimony for approximately six months. However, the court will consider various factors, including your need for support and your husband's ability to pay. The fact that you supported him before and during the marriage will likely be taken into consideration.
Regarding the inheritance, it's important to note that in California, inheritances received by a spouse are generally considered separate property and are not subject to division in a divorce. Therefore, your husband's inheritance, particularly if received after the initiation of divorce proceedings, would typically not be considered in the alimony decision.
If you are facing a divorce and are concerned about financial support, it is advisable to consult with a lawyer. They can provide guidance based on your specific circumstances and help you understand your rights and options under California law.
A:
In a community property state such as California inheritances are separate property. To the extent it was you who was supporting him before and after he was in jail it may be that he would be the one eligible to seek alimony from you. However, if he has a substantial inheritance he's going to have a problem establishing his need for support from you. Whether and if alimony would be ordered by the court depends upon your need for support and his ability to pay. Oftentimes the court will award limit the length of time support is paid to one half the duration of the marriage.
On the other hand, each case must be evaluated on its own merits, and if the facts justify a longer or shorter period of alimony the Court has the discretion to adjust it accordingly. Best of Luck.
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