Legal Question in Family Law in California
My wife and I are getting divorced. I make about $1000 more a month than her. We have been married for 4 years. We have no children and do not own a home. We owe about the same on our cars. She has about $20,000 in student loans accrued while we were married. I have about $17,000 in student loans accrued before we were married. What if any should I expect to pay in alimony?
2 Answers from Attorneys
There are a lot of factors involved. When you say that you make about $1000 more a month than her, it makes a difference on what the actual amounts are as to whether she will get spousal support (alimony) at all. If she does get it, it will probably be for no more than 1/2 the length of the marriage.
BARRY BESSER
www.besserlaw.com
There is no simple formula for spousal support, like there is for child support. When there is child support there are spousal support guidelines to minimize taxation and maximize available income to support the children, but it does not apply absent child support. Determining spousal support alone requires a review of all the financial records and expectations of the marital community and then the court must make an equitable determination. Mr. Besser is correct, however, that for a short marriage like yours and especially with two working spouses, the duration of support should be half the marriage or less.
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