Legal Question in Family Law in California
Dropping Almony
I pay my ex wife alimony and have been divorced for 15 years. I was married to her for 26 years. I have heard there is a new law that states the alimony can be dropped after you have been divorced over 1/2 of the years you were married. Is this true, and is it grounds for someone to go back to court to get it legally dropped even though our stipulatd divorce was before the new law was enacted.
2 Answers from Attorneys
Re: Dropping Almony
First, I will need to review the Final Judgment of Dissolution of Marriage. Then, I will need to obtain more info on your ex-spouse to be able to advise you of the legal avenues. If you live in Southern CA then you may call me for a free office consultation at 310-839-7700.
Nina Gohari, Esq.
Re: Dropping Almony
The new law does not say what you think it does. The statute provides that in a marriage which is not long term (yours was), there is a presumption
that the supported spouse can be become self-supporting within a period
of half the length of the marriage. It does not prevent an award beyond that time.
The place to look to see if your obligation can be modified is the
Judgment itself. If it does not state otherwise, the obligation is subject to
modification on a change of circumstances. Of course, that modification could
be an increase, as well as a decrease or termination.
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