Call Today

(858) 935-6211

Contact Us

X

Call for Free Consultation

(858) 935-6211

If someone in the Army gets a divorce, will they have to pay a lot of spousal support?

Question Detail

My friend is thinking of divorcing his wife but he is scared that she will get everything. He is in Army and she works at a factory. They got married August 14 2006. She is verbally mean and she has used weed. They have 3 cars. If he files for divorce will he have to pay her support?

Answer

The law in California allows spousal support to be awarded based on the parties’ income and certain factors the court looks at such as ability and opportunity to find work. California wants the supported spouse to become self supporting, but the Court does not want to leave one spouse with no sort of income or resources especially if the party is not employed. The military has its own laws regarding the payment of support, but these can be superseded by a Court order. Typically in the military, it is ordered that one half the BAH is given to the spouse as support. The Court looks at multiple factors that include income, standard of living during the marriage, income, age and education.

Even for a short term marriage such as yours the judge will likely award a support order but that is taking all factors into consideration. The standard in California is that support is awarded for half the length of the marriage. The longest period of time would be 2.5 years. The amount would be determined on the income of both parties.

Posted in: Divorce, Family Law, Spousal Support / Alimony

FAQs by Category:

Articles by Category:

Blogs by Category:

  • Testimonials

    • photo

      I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

      Thomas Zachary
    • photo

      Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

      Elizabeth Mila
    • photo

      I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

      David Sebastian
    • photo

      My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

      Gabriel Dylan
    • photo

      I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

      Kaylee Victoria
    • photo

      Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

      Mithila Parker