Does a marriage of 5 years impacta wife’s right to alimony?
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Does a marriage of 5 years impacta wife’s right to alimony?
If not is there any period that creates a rebuttable presumption that a wife is entitled to alimony?
Asked on August 10, 2010 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, alimony is awarded on a case by case basis. It is not a mandatory award in California and the judge has great latitude in deciding who gets it and "how long". The circumstances in which it is awarded is judged broadly by the court. The standard of living established during the marriage as well as the need of the party requesting same and the ability of the other party to pay are taken in to account. The California statute also lists 14 factors that the court can consider in deciding an alimony award (really called spousal support). It would be best for you to speak with an attorney in your area on the matter. Good luck.
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