Legal Question in Family Law in California
Alimony and debt
Hello, I have had a consultation with an attorney and wanted to get some clarification on something he said. I understand a lot of the issues regarding divorce, but am not clear on one issue. The laywer calculated my alimony payments to be $1000 per month for 10 months, for a total of $10,000. Meanwhile, I have about $60,000 of debt that has accrued during the marriage. Since my wife is responsible for 1/2 the debt (30,000), does the alimony amount simply get wiped out and she ends up owing me $20,000? Or is there something I am missing? (I do not want to pay her every month and then have to depend upon her paying me back for the debt.)
2 Answers from Attorneys
Re: Alimony and debt
It depends. The parties may agree to waive alimony against the debt incurred during the marriage. But it does not appear that this will be in your wife's best interest. She will probably want to elect to pay back the debt on a separate schedule and not in lieu of alimony payments.
Reply: Alimony and debt
In a general sense, alimony is calculated based upon a disparity in income and the length of the marriage. It is generally not acceptable to deduct bill payments from spousal support unless you have a specific order in place.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues including spousal support by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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