If I move out of state, will it affect my spousal support payments?

My spouse and I are filing for an uncontested divorce after 8 years of marriage. We don’t have any children but my spouse has agreed to provide me with spousal support. I am filing for divorce next weekand then plan on moving out of state in 2 months after that. Will my move legally affect or complicate my ability to receive spousal support? I will be asking for a “lump sum” alimony payment and establishing a “pay by” deadline date. Is there a formula or calculator that I can use to determine a fair “lump sum”?

Asked on October 29, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The key factor here in your question is that you and your husband have "agreed" to spousal support.  I say this because spousal support is NOT mandatory in dissolution (divorce) proceedings in California.  The courts have the discretion to deny spousal support after they have reviewed about 14 relevant factors listed under California law.  If you and your husband agree to a one time pay out - which really sounds more like it could be structured as a settlement of assets agreement -  then it is doubtful that the court will over ride the agreement between you.  But if he objects to your demands (and I might consider re-wording the "deadline date" as it is a bit off putting) then you could be digging your own grave, so to speak.  You catch more flies with honey than with vinegar.  Good luck.


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