Can you divorce on grounds of adultery?
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Can you divorce on grounds of adultery?
Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or have separated. Not more than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing.
Do you get more alimony if your spouse cheats?
In California, an adulterous spouse isn’t forced to pay alimony due to infidelity. If a judge decides that the lesser-earning spouse’s new living arrangements effectively ease his or her financial burden, the judge may lessen the amount of alimony.
Do you lose alimony if you remarry?
Yes. The obligation to pay future alimony ends when the supported spouse remarries. The paying spouse doesn’t have to return to court—payments may simply stop as of the date of the marriage. The payor is entitled to reimbursement for all maintenance paid from that date forward.
Does alimony stop if you move in with someone?
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.
Can you claim alimony on taxes?
In California: If you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you’re allowed to deduct it from your income on your California return.
Can ex wife ask for alimony after divorce?
You must request alimony during your divorce proceeding. You will not be allowed to request it after the divorce case is over. Indefinite alimony or permanent alimony lasts until either spouse dies or until the court determines that alimony is no longer appropriate.
Why would a divorce case be reopened?
An application to reopen your divorce case has to allege one of the following: deceit or fraud (for example, your spouse concealed information or gave you false information about an essential fact, such as the existence or true value of an asset) a fundamental inequity or unfairness in the divorce agreement itself.