Legal Question in Family Law in California
I was divorced in 2007. I have remarried and have a better paying job. My new wife is retired and recieves a pension. My ex is asking for more spousal support. Can she include my new wifes pension and my salery increase to get closer to the life style we had while we were married? Can she legally get as much as the take home pay I once made? Thanks Steve
2 Answers from Attorneys
No one is entitled by law to live the life style they had during marriage after marriage. This might hold in other states, but usually not in California. Without knowing more about the spousal support order it is hard to be specific. Usually, the salary or assets of a new spouse can NOT be included in the calculation for spousal support UNLESS the divorced spouse is "hiding" behind the new spouse's income whilst not working themselves. The courts want to see ex-spouses get back on their feet financially as soon as possible. And, this depends upon how long the marriage was. Marriages over 10 years generally are given more value in support settlements, as well as age of the parties, etc. So, it is not clear to me that she would get more support. One can always ASK for more, but the courts do not think well of greed either.
Her retirement is also an issue. Generally spousal support is intended and granted so that the supported spouse can become self-supporting, not retire.