Legal Question in Family Law in California
California Divorce
I will probably soon be getting a divorce. We have been married 9 1/2 years (10 years in January). We will have to sell our house, each getting a profit of roughly $100k. We have $10k debt (automobile). We have $20k in savings.
I now make $60k, she makes $18k. She is getting a new job making $50k starting next month. How will this effect spousal support? Does she have to work at the new job for a long time? Is spousal support based on current, past, potential earnings?
Thank you.
2 Answers from Attorneys
Re: California Divorce
There are so many factors that play into this. If I were you, I would focus on the argument that she is now making $50K per month. I highly doubt that she will get spousal support.
Re: California Divorce
Spousal support is based upon the payor�s ability to pay support and the need of the payee for support.
It is based upon the actual earnings of the parties at the time of the order or the ability of the parties to
earn. In your case it sounds like the judge would base the order upon her new job. The support is modifiable for as long as the court may order support to be payable. This is a complex area and you should have the advice of an attorney before you agree to anything or file with the court. Good Luck, Pat McCrary
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