Can a separated spouse suddenly quit a 10 year job under disability and get alimony during the divorce proceeding?

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Can a separated spouse suddenly quit a 10 year job under disability and get alimony during the divorce proceeding?

We have been separated for 2 years and have been married for 13 years.

Asked on January 7, 2013 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

The answer is: it depends.  Yes that spouse can request spousal support even though they quit their job.  You are going to have to ask the court to "impute" income to that spouse.  That means--they have the ability and opportunity to work, so the Court should act like they have income even though they don't.  There are a lot of hearsay, expert witness, and other legal implications involved in imputing income.  You really need a lawyer to help you get the best result possible.

 

Best of luck.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

13 years is considered a long term marriage and divorce in California is pretty much community property in terms of assets and liabilities. Alimony can be obtained during divorce proceedings with or without disability issues. If you have been separated for two years, the alimony is based on the 11 years you were together. If disability came about after separation, that is a separate property issue and would only benefit the spouse asking for alimony.


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