Dear Katrina, My ex-wife and I divorced in August of 1993. I was ordered to pay monthly alimony until she remarried or either of us died. Now, 16 years later, I’m still paying. There is no sign she will ever remarry. We were married almost 11 years when we separated. I’ve been paying alimony 5 years longer than our marriage. Is there any hope that I could get alimony ended if we went back to court? Financially, I’ve done well for myself. It’s just wrong that the law required one person to pay another just because they were married more than 10 years. What would it take to have this changed? It’s not fair. Gary Dear Gary, We again turned to Peter Walzer of Walzer & Melcher in Woodland Hills for guidance on your question. Peter is a certified family law specialist and the immediate past President of the Southern California Chapter of the American Academy of Matrimonial Lawyers. He says there are many factors that will go into a court’s decision whether to modify a spousal support order. One main factor is “Did the court give Gary’s ex-wife a Gavron warning?” This warning alerts the former spouse that she needs to become self-supporting (it is now printed on the form judgment page). The court will also look at the age and health of the parties, as well as the other factors listed in California Family Code section 4320. Going to court is always a gamble – the court could raise your support, leave it the same, lower it or end it. He suggests you consult a lawyer to weigh the risk versus the benefit and the attorney’s fees that you are likely to incur. Good luck! Katrina Page: 1 of 1 pages for this article
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