Blog Posts in Spousal Support

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  • Is the issue of domestic violence and separate property assets considered in determining spousal support in California?
    Is the issue of domestic violence and separate property assets considered in determining spousal support in California?

    Yes. A recent case by the name of IRMO Schu [Schu II] (12-6-16) addressed this very issue. In this case, the court found that they had properly considered fault, spouse’s domestic violence, and wife’s ...

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  • If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?
    If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?

    The case on point is, IRMO Berman (9-27-17). In this case, the husband retired at age 65, but opened a business and placed it in his new spouse’s name. He filed a motion to modify spousal support ...

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  • If my California judgment or marriage settlement agreement does not specify that spousal support terminates on the death of my spouse, am I still obligated to pay support to his/her beneficiaries?
    If my California judgment or marriage settlement agreement does not specify that spousal support terminates on the death of my spouse, am I still obligated to pay support to his/her beneficiaries?

    In the case of Leslie v. C.I.R. (9-14-16) , the parties entered into a marriage settlement agreement whereby spousal support was agreed to, but there was not specific language that spousal support ...

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  • Getting Spousal Support After a Short Marriage
    Getting Spousal Support After a Short Marriage

    Can I get long term spousal support if I have only been married for a short time? Typically spousal support is ordered for 1/2 the length of the marriage, unless your marriage is in excess of 10 ...

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  • What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend?
    What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend?

    What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend? Re-marriage terminates a party’s right to spousal support but what happens if the former ...

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