QUESTION
How do I protect my income from being paid to his ex-wife as alimony?
Asked on Apr 03rd, 2013 on Divorce - California
More details to this question:
My boyfriend has been paying alimony to his ex wife for 7 years. They were married for 17 years and his alimony has no end date. If I marry him and his income reduces for some reason such as a new job with less money, retire early, etc, but our total income is higher, can his ex wife ask for more alimony?
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In order to answer the question I would need to look at the decree of dissolution of marriage and know what the ex-wife is earning. In order to modify spousal maintenance there needs to be an on going and continuing change of circumstances. The court will look at if the parties are sharing expenses with another person to determine if the person paying has the ability to pay the spousal maintenance. I would consult with an attorney because spousal maintenance is very complicated.
Answered on Apr 05th, 2013 at 10:52 AM
John Arthur Smitten
No, your income is not part of the analysis.
Answered on Apr 04th, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, his alimony is his obligation and it is based, or modified on his income.
Answered on Apr 04th, 2013 at 2:24 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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His ex can't touch your money. Maybe you can keep it in separate account even after wedding. He cant lower his alimony if he retires early. If 65, OK.
Answered on Apr 04th, 2013 at 1:56 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Alimony should be set at what it was when it was ordered, presuming it met the marital standard of living. If your husband's income increases, alimony should not be increased. Your income should not be included. If his income goes down due to no fault of his own, e.g. job loss, then he should make a motion to modify alimony so it would go down.
Answered on Apr 04th, 2013 at 12:32 AM