Thursday, January 19, 2012

Getting a divorce in California, is alimony always the case?

She should talk to a Calif. attorney. In most jurisdictions, the courts don't favor awarding alimony anymore if the party is CAPABLE of earning a living. If your father isn't physically or mentally impaired to a point where he couldn't work, courts in most states wouldn't award it to him. Depending on the situation, he might qualify for rehabilitative maintenance, but that doesn't seem to apply just based on what you've said. (If, for example, your mother and father agreed that he wouldn't work outside the house so he could raise the kids, and he needs more training or school to re-enter the work force, then he might get rehabilitative maintenance.) As I say, your mom should talk to an attorney. There's a good chance she won't have to pay alimony or maintenance.

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