Legal Question in Family Law in California

I will have been married 25 year at the time of divorce. How long will I be required to pay spousal support and what factor will cause the spousal support to either change or stop completely?


Asked on 10/26/11, 7:13 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Generally, spousal support for a 25 year marriage will remain open without a termination date. There may be a reduction or modification of the support amount based upon the earnings and ability to earn of each of the parties. The factors used it establish spousal support are in California Family Code 4320. If you google that I am sure you will come up with a page that lists the factors. This is a complex case and you should have an attorney or it could cost you much more than the attorney would. Good Luck, Pat McCrary

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Answered on 10/26/11, 7:48 am
Michael Schneider Family Law Center

Spousal support is also paid based upon a difference in incomes of the parties. So, an attorney would also need to know of your respective incomes in order to help you to decide if there even would or might be an order for support. Of course, were either of your incomes to change, then you would have a basis to modify the support. The obvious answer is upon the paying spouse's retirement (also considering that any pension would have been divided at that time). And I would agree, that regarding spousal support, it would be best if you spoke with a local attorney who specializes in family law matters.

www.FamilyLawCalifornia.com

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Answered on 10/26/11, 9:56 am


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