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Hi everyone, I’m Dr. Michael Mantell joining Bonnie Rabinovitch Mantel, who is the owner and managing partner of the highly esteemed Primus Family Law Group here in San Diego. Hi Bonnie. Hi Michael, how are you doing today? Doing great with another Family Law Matters, here we are.
And you know, because we’re nearing our 200th episode, once again I have to tell people that we are not related. My name is Mantel with one L, he is Mantel with two L’s. He’s not my father, my uncle, my brother, my husband.
We’ve been asked all of those questions. We’re just great friends who happen to have similar last names. God’s funny that way.
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I spell mine correctly, of course, but we’ll worry about that later. Okay, Bonnie, a question that has risen numbers of times are, I’m paying spousal support and I’m done with it. I don’t want to pay anymore.
I can’t afford it. I don’t want to do it anymore. When does spousal support end legally? So Michael, there’s two, there’s a few ways it ends.
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If you’ve been married in California less than 10 years, you are on the hook to pay spousal support for half the length of the marriage, unless you agree otherwise. So, sorry, just let me get this because I’m not a mathematician. Couple has been married nine years, less than 10, they have to, he has to pay, or she has to pay spousal support for four and a half years? Yep.
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Got it. Okay. Now, if you’ve been married for longer than 10 years, so 10 years and a day, in California, that is considered a long-term marriage and you are on the hook to pay support for until you die, the recipient dies, or further court order.
Now, everybody goes, or the recipient gets married. As soon as the recipient gets remarried, that’s done. But people freak out because usually the recipient is not going to remarry.
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Usually, why? Usually the recipient wants, you know, the money. And so people freak out. What do you mean? I’m on the hook.
I’m 40 years old. I’m on the hook for the next 40 years. I’ve been married 20 years.
I’m on the hook for 40. Yes, no. So the rule of thumb is that you can go back and ask the court after about half the length of the marriage, depending on how old the recipient is, what job they have the capacity to earn.
Absolutely about half the length of marriage. You’ve been married 20 years, look at 10, unless circumstances have changed. Michael, you mentioned, I can’t afford it anymore.
Right, right. I lost the job. So let’s say, I don’t know, you retired and you are now living on social security and your pension.
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That’s nowhere near what you were earning before. You have the right to go and say to the court, yo, my circumstances have changed or the recipient’s circumstances have changed. He or she is earning more money.
All of those things will allow you to seek relief with the court. And of course, if a couple wants to sit down and talk with each other without the court and sort of this together, that is an option as well. Absolutely.
Whatever you agree on, that is not offensive or criminal, offensive to public policy or criminal, you can agree on and the court will accept. Okay. And if people who are going through this decide I need some legal help here, whether we go to court or we’re going to work this out ourselves, they want to reach you as an expert.
How can they be in touch? They can reach me directly at 619-574-8000. We’re a small boutique law firm in Mission Valley. Or you can reach us online at www.PrimusFamilyLaw.com. There’s a live chat agent.
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There’s a form you can fill out. There’s several ways you can get in contact with us to get some of your questions answered.