This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spouse Alimony Provisions With Spouse In San Jose
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Multi-State
City:
San Jose
Control #:
US-00003BG-I
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FAQ
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Can Alimony Orders Be Retroactive in California? Retroactivity of support in a modification proceeding typically goes back to the date of filing the request to modify or terminate.
California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.
There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.