When does Alimony end?

[littleones]

What is the name of your state (only U.S. law)? CA

When does Alimony end? When my ex and I separated originally, we filed for divorce. However, after 6 months of separation, we reconciled, however maintained separate households while working on our issues. Approximately 13 months later, we decided that we could not reconcile, and finalized the divorce. According to the divorce decree, alimony is to be paid until further order of the court.

The issue is...according to my ex, life of the marriage is based on the day you file the original divorce papers...and I think it is based on when the divorce was finalized. If he is correct, he will only have to pay 4 1/2 years of alimony, however, if I am correct, he will have to pay till I am remarried or pass away.

Which of us is correct? Also, when it is stated by further order of the court...does that mean that the court may not even look at the life of the marriage, but other issues/circumstances, if so does anyone know what those might be?

[Dogmatique]

Originally Posted by littleones

What is the name of your state (only U.S. law)? CA

When does Alimony end? When my ex and I separated originally, we filed for divorce. However, after 6 months of separation, we reconciled, however maintained separate households while working on our issues. Approximately 13 months later, we decided that we could not reconcile, and finalized the divorce. According to the divorce decree, alimony is to be paid until further order of the court.

The issue is...according to my ex, life of the marriage is based on the day you file the original divorce papers...and I think it is based on when the divorce was finalized. If he is correct, he will only have to pay 4 1/2 years of alimony, however, if I am correct, he will have to pay till I am remarried or pass away.

Which of us is correct? Also, when it is stated by further order of the court...does that mean that the court may not even look at the life of the marriage, but other issues/circumstances, if so does anyone know what those might be?

What exactly does your court order say?

[littleones]

The court order states...

"...and continuing until the earliest of (i) the death of the Payor, (ii) the death of the Payee, (iii) the remarriage of the Payee, (iv) further order of the Court, or (v) the termination date of: To be determined."

The "to be determined" was added to the decree, the rest of it is wording on the actual decree form.

[LdiJ]

Originally Posted by littleones

The court order states...

"...and continuing until the earliest of (i) the death of the Payor, (ii) the death of the Payee, (iii) the remarriage of the Payee, (iv) further order of the Court, or (v) the termination date of: To be determined."

The "to be determined" was added to the decree, the rest of it is wording on the actual decree form.

Then he pays you alimony until one of the above occurs. That means that he can take it to court to get a termination date decided by a judge, but there is no termination date in effect now.

[nextwife]

How long were you and he together as a married couple?

[littleones]

We filed for divorce at 8 1/2 years of marriage...and the divorce was finalized at 10 yrs 2 months. During the 1 1/2 yrs between the filing and the finalization, we were separated for 6 months...and then were together (although living separatedly) for the other 13 months till we finalized it.

[VeronicaLodge]

where does he get the 4 1/2 years from?

[Bali Hai]

Originally Posted by VeronicaLodge

where does he get the 4 1/2 years from?

The same place the judge got the alimony order from, just not the same person.

[littleones]

Sorry the actual time according to him would be 4 1/4 years...based on the half life of a 8 1/2 yr marriage.

[CourtClerk]

Hubby needs to go back and get that order modified to reflect a termination date. That's the same verbiage commonly used in a lifetime support order, which you aren't close to being eligible for.