How many years do I get alimony?

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I have been separated for over a year and now we are talking about divorce. We have been married for 26 years. I was a stay-at-home mom. Worked part-time for a couple of years. How many years will my husband have to give me alimony? And does it change if I live with someone or get married? I live in San Jose, California.

Attorney Answer

1
Brian Myers ·
Unfortunately there is no quick answer. Spousal support is one of the trickiest and most litigated issues in family law. First you need to differentiate between "temporary" and "permanent" support. Temporary support is spousal support payable from the time of separation up to the time of your final judgment. The amount is usually determined by a standard formula (similar to child support) and is calculated using specialized software approved by the court (child support can be calculated online for free and a temporary spousal support function may soon be added there. See link below). In order to get temporary support you need to ask for it, either by agreeing to an order or filing a motion and getting an order through the court. "Permanent" support on the other hand is support payable after your divorce judgment. Rather than being based on a mathematical calculation the court is required to consider all of the criteria listed in California Family Code 4320. You were married for more than 10 years, so in California that qualifies as a long-term marriage. Therefore the Court will typically reserve jurisdiction to award support indefinitely. However, that does not mean that you will necessarily receive support indefinitely! The “4320 factors” will determine how much support you receive and support orders are modifiable if the circumstances of either party change. The fact that you were a stay at home Mom and were out of the labor force for an extended period of time will be a major factor in your case and will certainly help your argument. If you are living with someone and that person is paying some or all of your expenses then your ex-husband might be able to argue for a reduced support amount pursuant to California Family Code 4323(a)(1). However, your support will not be reduced if you can “rebut the presumption” by showing that your cohabitation has not reduced your need for support. If you remarry, spousal support terminates altogether. If you have questions you should really talk to a lawyer before agreeing to something that might limit your right to collect support in the future. Best of luck.
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