QUESTION
What impact does his millionaire wife have on spousal support?
Asked on Mar 16th, 2015 on Divorce - California
More details to this question:
I was a stay-at-home mom, married for 30 years and receiving SS for 10 years now at $1,900 a month. I am now 61. My ex-husband is 62. He remarried to a woman who has inherited an estate, which includes a $2.5M home. They split the cost of the rent and other expenses by a pre-nuptial agreement, which reduces his living expenses below what they were in 2007 when the trial court set permanent support. In the property settlement last year, I received 50% of my retirement annuity and his 401K and 33% of his ESOP. I want to know if the court can compel me to begin receiving social security and/or any of the other retirement benefits. At 62, SSA and the annuity would total $1391 per month. Like social security, the annuity increases dramatically every year I wait. There is a total of $44,000 in the 401K and ESOP.
2 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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It's simpler than you suggest. If you are getting Court-ordered spousal support, and not generating any attorney's fees in litigation, X's new wife's earnings are irrelevant.
Answered on Mar 18th, 2015 at 3:41 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If your ex husband has a contract (prenuptial agreement) which covers some of his expenses that can be a factor to prove he has less need and more available funds to pay spousal support. Therefore his millionaire wife may be be able to be considered indirectly. You may may not just count her income to his current community for the purpose of spousal support findings. The real issue is whether or not your current support equates the lifestyle during your marriage to him. If not, then you MAY have a window of opportunity here to modify spousal support.
Answered on Mar 18th, 2015 at 11:30 AM