Legal Question in Family Law in California
What constitutes alamony? My brother was married to his ex-wife for one year and then they divorced. He has remarried. He is now paying back-pay on child support. Can his ex-wife get alamony? He is afraid to buy a house because he says she can take it away from him, can she do that?
Asked on 9/14/09, 6:35 pm
1 Answer from Attorneys
Diane Singleton-Smith
Singleton Smith
It is no longer referred to as alimony, it is spousal support. Usually, in a short term marriage, such as this, the support is only half the length of the marriage. It is not clear as to how he thinks she can take it away, but if they are separated then he is liable for what he buys after they are separated. He should not use money that he earned during the marriage to buy the house.
Answered on 9/19/09, 6:44 pm