Will my husband pay alimony since I left work to raise our child? 6 Answers as of November 12, 2010

I am getting a divorce. For the last two years, I have not been working because I have been staying home with our daughter. I know I am going to have to get a job now, but since I have out of the workforce for so long and the economy is so bad, I think it might take me a while to get a job. Is this the kind of situation where I can get alimony? My husband knows he will have to pay child support, but he does not want to pay alimony. Am I likely to get it, and if so, how much am I likely to get? My husband makes about $100,000/year.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
In your case as most cases, alimony will be awarded.
Answer Applies to: California
Replied: 11/12/2010
Law Office of William R Fuhrman
Law Office of William R Fuhrman | William R Fuhrman
Promptly file an application for temporary spousal support in a California family court and provide in writing the facts upon which you base your request. The Court will award you spousal support based upon your income and his income from all sources, less income tax, SDI, mortgage interest and property taxes. As to the amount that will be awarded, a rule of thumb/approximation is 40% of your spouse's income if you have no income OR, if you do have income, 40% of your combined incomes, less the amount of income you receive. As your divorce case proceeds to address all property, debt and other issues, this amount likely will be reduced when the case comes to the end [trial or settlement]. Unless the marriage was longer than 10 years, the duration of spousal support typically is one-half the duration of your marriage [date of marriage to date of separation (which can be months before the divorce case was filed in court]. If the marriage was over 10 years, the Court will not impose a date that spousal support will terminate, although the Court will warn you that you must become self-supporting and the Court can later terminate spousal support of the payer files a motion for termination at a time when half the length of the marriage has elapsed.
Answer Applies to: California
Replied: 11/11/2010
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. You will get Spousal Support and it may be important that you file a motion requesting the support before too much time goes by. I cannot tell you how much or for how long you will get the support, but in your current situation, he will definitely owe you child and spousal support. If you meet with me for a consultation or another good local lawyer, these answers can be found. Call me and I would be happy to discuss this with you further.
Answer Applies to: California
Replied: 11/11/2010
The English Law Firm
The English Law Firm | Robert English
He would likely have to pay a combined amount of child support and spousal support. The exact amounts would depend on more specific facts about your situation.
Answer Applies to: California
Replied: 11/10/2010
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