Because my husband quit his job, will I have to pay spousal support? How? 11 Answers as of June 05, 2015

I need to know if this is true. My husband quit his job just prior to filing for divorce. I did not know this. Now he says that because of that I will owe him spousal support, child support, and my 401k. Is this true?

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If he voluntarily quit, the answer most likely is NO regarding alimony. However, your 401k is a marital asset that most likely will be divided. Much more would need to be known in order to fully answer your questions. Therefore, you need to consult with an attorney.
Answer Applies to: Florida
Replied: 6/5/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Your husband has to first get a court order establishing your obligation to pay him support. If he quit his job, you may be able to convince the court he should have imputed income.
Answer Applies to: California
Replied: 6/5/2015
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
No. He can't voluntarily reduce his income to try to get spousal support.
Answer Applies to: Nebraska
Replied: 6/4/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
I sense that the provable facts are different, but a wilfull removal from the workforce likely will result in the Court deeming him earning his standard pay whether he is working or not. You'd better get to the bottom of what's provable about his job separation and get an order requiring him to look for work.
Answer Applies to: California
Replied: 6/4/2015
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
Not necessarily. Chances are child support will be calculated using his salary from the job he just ?quit? or, at the very least, calculating it using minimum wage for him. If he quit, however, his prior salary will most likely be the amount used for child support purposes.
Answer Applies to: Florida
Replied: 6/4/2015
    Peyton and Associates | Barbara Peyton
    If he intentionally quit his job and has the ability to work, you probably won't have to pay spousal support. You will need an attorney to make sure you don't get hurt on this issue. If the retirement account was acquired during marriage, you will need to share that with him Good luck.
    Answer Applies to: California
    Replied: 6/4/2015
    Law Office of Robert E McCall | Robert McCall
    Probably not true. He has voluntarily limited his income to seek advantage in the proceeding. That is not allowed in Florida.
    Answer Applies to: Florida
    Replied: 6/4/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not necessarily if he voluntarily reduced his income. Any 401k of either party is part of the marital estate and subject to distribution. Spousal and child support depend on the facts as well. You need an attorney!
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Probably not true. Courts may be mistaken, but they are not fools. They are well aware of people who leave their jobs in order to avoid paying child support, or to seek spousal support (maintenance). In such a case, a Court is likely to 'impute' income to him in the amount he could earn if he tried. But there is a risk of an award of temporary support. You would do well to retain an experienced matrimonial lawyer.
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Not necessarily. You would not owe him child support unless he has residential custody of the children. As far as spousal support that depends on many factors such as his ability to work. You need an attorney for this case.
    Answer Applies to: New York
    Replied: 6/4/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Very unlikely
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
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