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.
San Diego California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
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San Diego
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US-00003BG-I
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Cohabitation By Dependent Spouse?
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FAQ
Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wife's income/assets to increase your alimony.
In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.
If you moved in with your boyfriend, no matter how short lived, your ex-husband's alimony obligation is automatically over. No court order is needed for him to stop paying because your divorce decree specifically provides for this situation.
Documents Required for Divorce with mutual consentMarriage Certificate.Address Proof - Husband and Wife.Four Photographs of Marriage.Income tax Statement of last 3 years.Details of profession and Income (Salary slips, appointment letter)Details of Property and Asset owned.Information about family (husband and wife)More items...
The court has some discretion on awarding spousal support, but the purpose of it is not to punish a spouse for his or her wrongdoing. So, from the court's view, dating another person while you are still married has no effect on spousal support.
In PA, Remarriage Can Impact Child Support Orders Because your new husband or wife isn't ordinarily responsible for paying child support for your children from a previous relationship.
Spousal maintenance does not automatically end on cohabitation of the recipient, although some court orders provide for this. Cohabitation is much more uncertain than marriage and cohabitants do not have the same financial claims against one another in the event of relationship breakdown.
Impact of Cohabitation on Alimony Under California law, there is a rebuttable presumption that alimony can be reduced, and possibly terminated when the supported spouse is cohabiting with someone else. (Cal. Fam. Code § 4323.)
Divorcing couples can agree to waive Family Code Section 4337 so that remarriage will not affect alimony. If your MSA states explicitly that your spouse's remarriage will not terminate spousal support, then you will still be on the hook for future support payments, even if your ex remarries.
A clean break means that you wish to end all financial ties or claims between you and your ex as soon as possible upon divorce. If you have a clean break, there will be no spousal maintenance to be paid. You can opt for a complete clean break which can include all capital, pension and income claims.