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California Alimony Requirements

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cmerri

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA
My boyfriend separated from his wife 4 years ago. He didn't file for divorce because she was finishing up treatment for breast cancer. Shortly after her treatment was complete she lost her job and filed an unlawful termination suit for 5 million. So, he sent her $1700 a month to support her; still didn't file for divorce, and waited until she settled on the lawsuit. She got $1.5 million. About $320,000 up front, $450,000 for the attorney and $690,000 in an annuity to be paid out monthly for 15 or 20 years. The annuity should bring in about $60,000 a year. They will be providing her medical insurance for 15 years also. With the $320,000 invested properly and a job, she could probably easily make $100,000 a year. She is 52, has been in good health for two years and hasn't bothered to get a job.

When he asked her to come up with what she thought was a fair settlement because he wants to finalize the divorce, she said she would keep everything and he wouldn't have to pay her any alimony. When they separated they had a $650,000 home with a $50,000 mortgage; a condo worth about $180,000 with a $50,000 mortgage; three time shares; a 2002 Navigator; 4 four wheelers; 2 jet skis; two motorcycles and a 1984 Corvette. All paid for. She borrowed $60,000 more against the house and he borrowed $50,000 more against the condo which she signed it over to him.

All he would like is $50,000 to get started and then he is willing to sign the house; two time shares; two jet skis; three four wheelers; and the Navigator to her. She claims that she intends to buy a new Mercedes with some of her $320,000 and he is responsible for supporting her in the manner in which she is accustomed to living. Please understand that she spends money freely and that was one of the reasons for the break up. An example would be that she bought the Navigator for $50,000 without discussing it with him first. She just turned up at home with it. He struggled to budget while she just kept spending.

My question is, since she was working when they split up and she is fully capable of working now, would he be required to pay alimony? She is getting income monthly from the annuity which is supposed to be replacing the income lost from the unlawful termination from her job.They have been married about 28 years now and have two grown boys who have both been provided a full college education, debt free, because one of his family members paid 50% of their schooling.
 
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Ohiogal

Queen Bee
It depends. Alimony is NOT quite clearcut. I will say that he should be posting here however.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? CALIFORNIA
My boyfriend separated from his wife 4 years ago. He didn't file for divorce because she was finishing up treatment for breast cancer. Shortly after her treatment was complete she lost her job and filed an unlawful termination suit for 5 million. So, he sent her $1700 a month to support her; still didn't file for divorce, and waited until she settled on the lawsuit. She got $1.5 million. About $320,000 up front, $450,000 for the attorney and $690,000 in an annuity to be paid out monthly for 15 or 20 years. The annuity should bring in about $60,000 a year. They will be providing her medical insurance for 15 years also. With the $320,000 invested properly and a job, she could probably easily make $100,000 a year. She is 52, has been in good health for two years and hasn't bothered to get a job.

When he asked her to come up with what she thought was a fair settlement because he wants to finalize the divorce, she said she would keep everything and he wouldn't have to pay her any alimony. When they separated they had a $650,000 home with a $50,000 mortgage; a condo worth about $180,000 with a $50,000 mortgage; three time shares; a 2002 Navigator; 4 four wheelers; 2 jet skis; two motorcycles and a 1984 Corvette. All paid for. She borrowed $60,000 more against the house and he borrowed $50,000 more against the condo which she signed it over to him.

All he would like is $50,000 to get started and then he is willing to sign the house; two time shares; two jet skis; three four wheelers; and the Navigator to her. She claims that she intends to buy a new Mercedes with some of her $320,000 and he is responsible for supporting her in the manner in which she is accustomed to living. Please understand that she spends money freely and that was one of the reasons for the break up. An example would be that she bought the Navigator for $50,000 without discussing it with him first. She just turned up at home with it. He struggled to budget while she just kept spending.

My question is, since she was working when they split up and she is fully capable of working now, would he be required to pay alimony? She is getting income monthly from the annuity which is supposed to be replacing the income lost from the unlawful termination from her job.They have been married about 28 years now and have two grown boys who have both been provided a full college education, debt free, because one of his family members paid 50% of their schooling.
He needs an attorney. This one is too complicated to handle as a DIY project.
 

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