Can my fiance's ex-spouse that's filing for divorce, file for alimony when they have been separated for about 10 yrs?
by 
Rubies
ANSWERS: 2
-
In California anyway I think the rule is they can get 1 days' worth of alimony for every 2 days you were legally married - so it doesnt matter if you're separated.
-
Alimony is determined by how much one spouse needs to maintain the marital quality of life after divorce. Thus, the answer depends on how long he was married and who made the money during that marriage. If the couple was 100% financially independent in those ten years, it is unlikely that the spouse will receive much in alimony. When you decide to marry it is presumed that decisions will be marital decisions. That is, one spouse in the marriage may not work, which would not be the case had the marriage never occurred. Thus, alimony is usually structured to allow for the non-employed spouse to get back into the workforce and to begin earning promotions (which would have occurred if the marriage never existed). Consequently, alimony usually starts at a high level and is slowly lowered over time. Since this spouse has already had the opportunity to reenter the workforce and gain advancement, there is no need for the initial higher payment.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC