Legal Question in Family Law in California
I am considering a divorce from my husband of 39 years. His net income is 200K/yr., and I used to make $25-30/K/year, but am no longer able to practice my profession (since 2010). He will be eligible for social security in a year, and will get $2400/mo. I will be 62 in four years, when I will be eligible for $800/mo. My husband has a retirement portfolio of 1.2M, and our house is paid off, worth about 1M. He intends to reduce his work in the next couple of years by 25-50%, but work until 70 or longer. Would I be likely to get spousal support? If so, is it possible to know approximately how much? I am worried I would not financially be able to live apart from him. Thank you for your help on this..
2 Answers from Attorneys
With a marriage of 39 years and you unable to practice your profession, you are all but guaranteed to receive spousal support. There is no way to come up with an estimated number without reviewing complete financials and running it all through the Dissomaster program, but between your assets and any reasonable amount of spousal support, you most certainly should be able to afford to live without him.
I completely agree with Tim. Please also note post judgment spousal support is based on: length of the marriage, age of the parties, health history, earning capacity and standard of living during the course of the marriage. As you can see, a number of factors must be considered to set the correct amount of support.
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