Legal Question in Family Law in California

When getting divorced, is alimony based on the previous years income taxes or the current year (year the divorce takes place)?


Asked on 7/05/10, 2:55 pm

2 Answers from Attorneys

Gary R. White Burton & White

Temporary spousal support is based upon the current incomes of the parties, as determined from all information available.

This is not intended to create, nor does it create an attorney-client relationship. The answer provided is not to be considered legal advice. The answer is based upon the facts provided in asking the question. Additional or different facts could change the answer. An attorney should be consulted to obtain legal advice in order for you to understand your legal rights.

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Answered on 7/06/10, 10:21 am

Mr. White is correct about temporary support. Long term support is calculated so as to be "equitable" taking into consideration a number of factors, including the income history of both parties, and projected incomes. So one "big" year of income, such as for a person on commission, will not be the final word.

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Answered on 7/06/10, 12:17 pm


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