Do I have to pay alimony if I end up going on disability? 5 Answers as of January 27, 2012

Married 24 years, all kids are grown. I am unemployed at this time, and i just found out I got cancer 2 months ago. Do i have to pay alimony, we'll file soon. She want the house, the main house it is rented and pays for the mortgage, she stays in guest house for free. If I have cancer surgery and I cant work or if I end up on disability, do I have to pay, or what are my options? If she get the house do I have to pay alimony?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If she has income and makes close to what you are getting on disability, you would not have to pay her any support. Her arrangement of living rent free in the guest house will also be a big factor helping you make the argument her support needs are considerably lessened. Please meet with an experienced family law attorney to explore your legal options. Best to you as well on the outcome of your health challenge.
Answer Applies to: California
Replied: 1/27/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Community property is supposed to be divided 50/50, so it should not be cast in stone that your wife will get the house. If she receives the house, you should receive community assets of equivalent equity. If that is not possible, the house might need to be sold and its net proceeds divided. Spousal Support is based largely upon your wife's need and your ability to pay (there are many other factors, addressed in Family Code Section 4320, but need and ability to pay are some of the most significant factors.) If your condition renders you unemployable, your ability to pay will be significantly affected. If you are unemployed when Judgment is entered in your case, it is unlikely that the Court would order you to pay Spousal Support - but the Court would most likely reserve jurisdiction on the issue of Spousal Support so that if you get re-employed, your wife could file an Order to Show Cause to seek Spousal Support. If you areemployed when Judgment is entered in your case requiring you to pay Spousal Support, but subsequently, your condition requires you to terminate your work and/or retire, you could file an Order to Show Cause to modify Spousal Support based on your material change of circumstances.
Answer Applies to: California
Replied: 1/27/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Support is based on income. If circumstances change from the original order, you would file requesting a modification of the amount. You two can agree on a settlement that works for both of you. It sounds like the house is community property; in that case, you are each entitled to 1/2 the value. I recommend speaking to an attorney who can more fully analyze the facts of your particular case.
Answer Applies to: California
Replied: 1/27/2012
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
You may still be required to pay alimony even if you are on disability income. You can, however, give her more of the assets from the marriage in lieu of paying alimony, or spousal support.
Answer Applies to: California
Replied: 1/27/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You will need to pay (maybe) but on your income. If she makes more, then you should not have to pay her more.
Answer Applies to: California
Replied: 1/27/2012
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