Will I have to pay her Alimony for Life?

[guitarjeff]

Hello I live in the state of Calfornia: I was in a long term marriage for 16 years and have 2 daughters (twins), that are 13 years old. I work full time and I am in the middle of a divorce right now, my divorce was filed with the court back in Oct. 2009. My wife was in a bad auto accident and suffered 3rd degree burns on both legs and has not worked since, this was back in 2006. She is now claiming she can not work, she has nothing of proof from a disability doctor and has not qualified for federal disability as of yet and has the ability to work where there is not alot of lifting or other issues that would interfere with her injuries. My attorney has ordered her also to have a vocational evaluation specialist interview her and have her evaluated also.

My Attorney was crunching some numbers and was showing me an adverage of how much Alimony I may have to pay after the kids turn 18. He gave me a value and said that I would have to pay this every month for life? I told him that I thought Alimony was paid as 1/2 the time I was married, so 8 years is what I thought I would have to pay Alimony. My Attorney says that 1 day after 10 years of marriage entitles me to have to pay her for life, is this in fact true? Just need some comments or advice on this? Of course if she re-marries I know that I will not have to pay her Alimony anymore. Any comments is appreciated

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

 

[CourtClerk]

My Attorney says that 1 day after 10 years of marriage entitles me to have to pay her for life, is this in fact true?

Your attorney is correct

 

[scarlet6]

Yes, your attorney is right. The way alimony is calculated can seem unfair, but the big picture to look at is this: Regardless of who made more money in the marriage, the fact still remains that it was your money "together". So if that money allowed her a lifestyle (whatever kind), it is still considered what she is used to. When there are kids involved, it is for life (unless she becomes in a position of employment that earns more than what she made before). Like I said, it may seem unfair when you feel she should be working. Though, keep in mind it is not just the injuries itself causing inabilities to work, there is anxiety, guilt, depression, emotional hardships that your ex-wife is going through which absolutely can make it extremely difficult to get back into self-supporting mode. On top of that, raising children! That's a lot to handle with or without a job. Hope that helps!

 

[birdbrain53]

Your attorney is showing you worst case because she was disabled. Now that's not to say she is totally unable to work and it's entirely appropriate to have a vocational assessment done.

The last time I talked with a Family Law attorney (recently) I was told that a Gavron Warning should be put into any dissolution paperwork.

A Gavron warning(from a California lawyer's website):

...admonition that the court often makes requiring the supported spouse to become self-supporting within a reasonable period of time. Where the duration of the marriage is less than ten years a spouse is expected to be self-supporting within half the length of the marriage as measured between the date of marriage and date of separation. However, a marriage with a duration of more than ten years has no such time rule.

Many attorneys and spouses believe that California has lifetime support for parties whose marriage exceeds ten years. These people are wrongly informed! Family code section 4320 as well as several appellate cases emphasize that even in marriages of greater than ten years the spouse has a duty to become self supporting as soon as reasonably possible....

Ask your lawyer about this.

 

[CourtClerk]

A Gavron warning SHOULD be put into orders depending on the circumstances, however, the fact remains that:

Except on written agreement of the parties to the
contrary or a court order terminating spousal support, the court
retains jurisdiction indefinitely in a proceeding for dissolution of
marriage or for legal separation of the parties where the marriage is
of long duration.

And the code determines a marriage of 10 years or more to be one of long term, although nothing stops them from declaring a marriage of less than 10 years a marriage of long tern.