Legal Question in Family Law in California
If a man (widower with 3 children) married a woman (with 1 child) and only stayed married 11 yrs. will he have the obligation to pay alimony?
They were both in late 30's and she was self supporting at time of marriage. All the children involved are over 21. She has worked off and on during the marriage.
1 Answer from Attorneys
Depending on their respective incomes and earning capacities, he will probably have to pay some spousal support for some period of time. Marriages of over 10 years are (in a sad commentary of the state of marriage these days) are considered "of long durration," and give rise to a presumption in favor of spousal support being due from the higher earning spouse to the lower income spouse. The standard term is 1/2 the length of the marriage. Nothing in spousal support is cut in stone though, so there are variations and it's up to the court to decide what is fair and reasonable after considering a list of factors in the Family Code.
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