Legal Question in Family Law in California
Is alimony forever?
My husband and his ex have been divorced for 12+ years. She has not remarried. Is he obligated to pay alimony forever, or should he go back to court to have it stopped. She will soon reach retirement age and will get social security. Will that make a difference? He has not missed a payment since it began.
1 Answer from Attorneys
Re: Is alimony forever?
At the time of the divorce California law provided that if the parties had been married for 7 or more years, alimony, spousal support, continued until the supported spouse was able to earn a comparable income to the supporting spouse. That law was changed recently. Now the goal is for the supported spouse, usually the wife, to be self sufficient in a period equal to 1/2 the length of the marriage. That is 5 years for a 10 year marriage. Since the ex-wife is about retirement age it is unlikely that she will become self sufficient befor she retires, in a few years.
Your husband should contact an attorney and discuss this with the attorney. Before going to the attorney's office your husband should obtain information regarding his wages, or his income from retirement, and her income from wages, retirement and any other source. This will allow the attorney to evaluate the situation regarding the payment of alimony.