Legal Question in Family Law in California

End to Receiving Spousal Support??

I am the wife in this matter: Regarding a 29 year marriage, divorce granted 5/28/96, no pension or retirement plan from spouse, house paid for (I received 50% of valuation), + monthly spousal support, children grown.

I received a letter from my x-husband basically stating that he has done research and believes that ''lifetime payments'' of spousal support is false pursuant to Family Code 4320. He quotes an appellate decision, ''the duty of a supporting spoulse to continue to work to support their ex-spouse ends at age 65 upon eligibility for retirement''.

His letter states it is, ''notice to you that unless support ends earlier for some reason such as remarriage or loss of employment, I will conclude payments on 10/1/2009''.

Is this true and correct?


Asked on 3/19/03, 2:11 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: End to Receiving Spousal Support??

He's wrong. The obligation to pay spousal support will not end automatically when someone reaches 65. What he can do at that point is file a motion to modify or terminate spousal support.

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Answered on 3/19/03, 4:17 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: End to Receiving Spousal Support??

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

What is the name or citation of the case? Generally, spousal support is based upon your "need" and his "ability to pay." That applies now and in the future when he/you turn 65. By the way, loss of employment does not automatically modify the obligation to pay spousal support.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/12/03, 11:59 pm


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