My question involves divorce in the State of: California
Ex wife is 59 yrs old; date of separation was summer 2006 just 34 days shy of the 10th anniversary; lived together before marriage : over 3 months which would put it over 10 years of being together. There are no children. Husband is foreign nat'l who has since remarried another foreign national from his country. Ex wife had sponsored him for a Green Card.
Date of divorce: Fall 2008; date of separation: Summer, 2006.
Ex wife is on Social Security Disability Fall 2007. Has not worked but is sick of stress and psychological damage, on 10 medications currently for physical and mental ailments.
Petitioner (husband) abruptly stopped support or payment of bills Spring 2010 and has just resumed in summer 2010 per court order. He missed 2 payments and was not penalized by the judge. Husband makes $175K per year, not counting extras. There was no spousal support order as he continued to pay the bills and mortgage.
Now, he wants the marriage to be found as a short duration, and not pay further spousal support. Wife gets under $1450 a month from Social Security and has minimal retirement assets. Husband has a 401K Plan, 2 pensions that are small and house share, besides being capable of earning a very good income. Per previous judge, epstein barr credits were waived and she reserved her judgment to rule on the length of the marriage. This new judge will pick up on the case but is doubtful how she will rule.
Now, this new judge has been ruling in his favor. He rec'd no penalties for late payments to wife to help with her many medical bills, judge did not make him pay wife's medical insurance premiums, he is not paying certain maintenance on the house either.
Ex wife needs his share of house to get housing vs paying any high rents and the 2 small pensions as income for her many bills. This would be his share as he continues to earn high income. Husband is over 4 years YOUNGER than the wife but is a functional alcoholic.
What are the ex wife's prospects to get a lumpsum settlement from ex husband that is not measured by 5, or 10 year time. If we count the first 4 years, he supported her, he did not pay the full amount she was just awarded by the court, which is still short of the bills she faces each month and has a shortfall of $2,000 monthly.
After much research of CA Family law, I could not find anything for disabled spouses ON Soc Sec Disability. Please advise ASAP.