This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support Conditions In Alameda
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Multi-State
County:
Alameda
Control #:
US-00003BG-I
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FAQ
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
Alameda and Contra Costa counties have adopted the “Alameda Guideline” formula. The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
In practice, California's divorce laws equally apply to couples who are married any length of time, meaning even short marriages will likely require the equal and fair division of assets through the courts.
Spousal Support/Alimony: If one spouse did not work during the marriage, the court may award spousal support (also known as alimony) to help the non-working spouse maintain a similar standard of living post-divorce.
The longer you were married, the longer support can last The judge starts with some basic assumptions: For marriages less than ten years, support will last half the length of the marriage. For marriages more than 10 years, there's no assumption about what's reasonable.
How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.
