Do I have to pay alimony even if my wife and I agree no alimony if I assume all debt?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Do I have to pay alimony even if my wife and I agree no alimony if I assume all debt?

I have heard that even if my wife and I agree on everything, including her not getting alimony if I assume all debt, that a judge will still grant her alimony. Is this true? We aren’t even planning on going to court, just filing at an agreement.

Asked on June 18, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

You are correct that if the court accepts it, you should not have to pay support if your spouse agrees.  However, keep in mind that child support can always be ordered even in spite of an agreement otherwise.  So, if you have children you can be forced to pay child support later on in spite of an order that states no child support.

Best of luck.  If you need help and are near Ventura County feel free to contact me.

 

Stephen Drucker / Legal Action Workshop, Professional Corporation

Answered 9 years ago | Contributor

In California, alimony is based on a number of factors including length of marriage, income of both parties and need, to name a few.  It is OK for both parties to agree on the issues of the Divorce, however, the agreement--called a Marital Settlement Agreement--has to be worded in a particular way so that the courts accept it.  A properly worded Marital Settlement Agreement will avoid a court appearance in most instances.  Getting a Divorce through the courts involves a number of steps, each of which must be done correctly.  If you wish to Divorce and address the issues in a Marital Settlement Agreement, it is best to get legal advice and have it done correctly.  We offer low flat fees for this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption