This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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 With Social Security In San Bernardino
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State:
Multi-State
County:
San Bernardino
Control #:
US-00004BG-I
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FAQ
There is no automatic spousal support process for separated couples. Your wife will have the option of going to court and asking that a judge order spousal support. In cases where the wife cannot support herself, the judge may order the husband to support his wife during separation.
Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony.
Primarily, legal separation creates legal independence since it does not grant other types of independence while you are still officially married during separation. In many cases, this can mean still paying spousal support or “alimony” during a separation – but this is not always the case.
While California is a no-fault divorce state, severe cases of marital misconduct, like domestic violence, may affect alimony eligibility. If the supported spouse has a documented history of domestic violence against the paying spouse, it could be grounds for reducing or even denying alimony.
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.