Q: Alimony obligation after job loss but with assets in California.
Does my ex have to continue paying alimony if he lost his job but has several million in stocks, savings, etc., while I make $16,000 per month? The divorce and alimony agreement were finalized in California.
A: A court order is a court order and must be complied with until it is modified or otherwise replaced with a new court order. When someone who is subject to a support order loses their job, it is their burden to go to court to get relief; to get a new court order that reflects their current financial circumstances. Until that is done, the current order remains in full for and effect.
A:
In California, losing your job does not automatically end your alimony obligation, especially when you have substantial assets available. Courts generally look at your overall financial circumstances, including savings, investments, stocks, and other assets, to determine your continued ability to pay spousal support.
Given your ex-partner's significant financial resources, such as millions in stocks and savings, a court may still consider him capable of fulfilling the alimony agreement despite the recent job loss. The court evaluates not only current income but also the earning capacity and existing assets available to either party. Therefore, your ex’s substantial financial holdings can weigh heavily in maintaining the existing alimony payments.
However, since your income is already relatively high at $16,000 per month, the court might consider whether a modification of alimony is fair, based on your own financial independence and lifestyle. Your ex could request a modification, arguing changed circumstances, but the burden would fall on him to demonstrate genuine financial hardship. Ultimately, the judge will balance your ex's overall ability to pay with your own financial needs and the original intent behind your alimony agreement.
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