Legal Question in Family Law in California
divorce
we've been married for 26 years, bad economy, sold my business no more money, no more for richer or poorer, she wants out.
at the moment I am not working house under water, and I want to give her the house, one minor child special needs 16 years old, I will help as much as I can, she wants alimony for ever hoping that i find a job, question is can she actually ask for spousal support for ever even though she is working right now and making about 3500.00 that is more than Iam making, If and I want to file now for divorce can she come back at me later to ask for more money , after divorce is finalized I do want to help as much as I can, but I do not want to be tighed up to a certain amount monthly, please advice
Joe
1 Answer from Attorneys
Re: divorce
You have a "long term" marriage which means unless you are your wife agree otherwise, the Court has to keep jurisdiction over the spousal support issue. Right now, if you are not working and do not have sufficient assets to provide for your own support and she has the ability to help support you, she pays you spousal support. But as long as there is spousal support jurisdiction, which spouse pays which and in what amount can be changed many times if appropriate. The house and the property division is a separate issues. Once those issues are determined, they are final. On the child, both parents have a duty to provide support, which normally continues until the child is at least 18 and out of high school, but 19 if still full-time in high school. Support can be extended for a special needs child.
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