Legal Question in Family Law in California

Hello,

How long will I be required to pay for Spousal Support on a long term marriage, to a disabled spouse, in California?

We have been married 12 years, 2 years into marriage she was diagnosed with MS. She stopped working at that time and I supported us. Eventually she received SS income. Both 45 y/o. With her disability, the chances of her getting better are slim. Hope to do mediation, and don't want to agree to "life" spousal support but would like an educated guess of approximate duration. Also, she is set to receive a large estate when her parents pass. Can a stipulation be made that states Alimony is terminated when she receive this inheritance? Also, i have a son from a different marriage which i paid 500 child support. This impacted our "life style expense for many years" however, he is now an adult and we have had extra cash lately, so our "life style expense" has changed recently. Does that get factored in? a ballpark figure would be much appreciated. thank you


Asked on 9/15/22, 2:40 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

I'm sorry to have to tell you, but in the scenario you provide, spousal support will be for life unless she agrees otherwise. If the inheritance would be sufficient to leave her "set for life," she may be willing to agree to ending or reducing the support once she receives it, but she is not obligated to agree to that. Your option then would be to have the court retain jurisdiction over spousal support and then file a motion to reduce or terminate support when she receives the inheritance.

Read more
Answered on 9/16/22, 10:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California