Tuesday, January 10, 2012

CAN I GET ALIMONY FOR A MARRIAGE UNDER A YEAR?

QUESTION: My husband and I have only been married 9 months. Will I be entitled to alimony, and if so, for how long? We were married in WA but now live in CA.

MY RESPONSE:

In California, you would likely be entitled to Spousal Support for 1/2 the duration of your short-term marriage, i.e, for 4-1/2 months.

The amount of Temporary Spousal Support is based on your husband’s income and your income, and is usually ordered in accordance with the Spousal Support Guidelines set (or adopted) by your county.

The amount of Permanent Spousal Support (i.e., Spousal Support after Judgment) is based on the considerations set forth in Family Code Section 4320, and is not calculable based on any formula, but its monthly amount is generally less than the monthly amount of Temporary Spousal Support.

Judgment of Dissolution of Marriage cannot be granted until at least six (6) months after service of process upon the Respondent.

Under the circumstances of your short 9-month marriage, when you file (or respond to) the divorce, you should file an Order to Show Cause requesting temporary Spousal Support, unless your husband stipulates to an Order requiring him to pay you Guideline Temporary Spousal Support, and such a Stipulated Order is filed in the case.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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