Legal Question in Family Law in California
Wife and I are planning for a divorce. No kids, no mud slinging. After 25 years, we just grew apart. I receive Social Security Disability Insurance payments once a month, I also receive CalPERS state non-industrial disability pension after a 28 year career. This permanent disability is the result of two failed spinal fusion surgeries. My wife works three days a week and has for 25 years and has a modest 401K and has always paid into Social Security. My question, what percentage of either or both of my payments could she be entitled to regarding spousal support. Thank you in advance for your reply. Mike
3 Answers from Attorneys
Spousal support calculations are complex and require a number of specific inputs. It is so complex that you are required to submit a report to the court when asking for a support determination that is generated by special approved support calculation software. Only two vendors are approved: DissoMaster and one other the name of which escapes me. So it is beyond impossible to answer your question based on the information you provided, and in fact without having you fill out the Family Law financial disclosure forms (or otherwise provide the data they call for) and then inputting that into one of the approved programs.
it appears from the information you provided that she would have 1/2 of a 23/25 of your calpers.
You would greatly benefit from meeting with an experienced family law attorney in an office consultation to address this answer you seek.
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