Can my wife get spousal support from me? 5 Answers as of January 31, 2012
My wife and I are getting divorced. She is asking for spousal support. we were married for 4 years during which I had no income for 3 years and 3 months because I was a full time student. My wife did not work because she was on disability. She did not support me during school. School and living expenses were paid through student loans. For the last 9 months of the marriage I worked making 60,000/year as an RN and she continued to be unemployed although she has the same earning potential as an RN and still does, but chooses not to work. Does she have a basis for receiving spousal support?Free Case Evaluation by a Local Lawyer!
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Law Offices of Frances Headley | Frances Headley
Your wife may be able to get temporary support but as yours is not a long term marriage it will stop when the case if complete. If she requests support you should request that the court make her seek work and prove that she is.
Answer Applies to: California
Replied: 1/31/2012
The Law Office of Erin Farley | Erin Farley
Support is generally based on income. If she is able to work, and is choosing not to work, you can get a work order and/or order imputing income to her. Support is generally payable for 1/2 the length of the marriage.
Answer Applies to: California
Replied: 1/27/2012
Maclean Chung Law Firm | G. Thomas MacLean Jr.
She does have a basis, although any support ordered would be limited in time because it was a short marriage. The fact that she is on disability makes it hard for you to impute any income to her, so you may be likely to have to pay some amount of support for possibly have the length of your marriage. However, a number of factors go into considering support, so you should consult an attorney fully about your case to know what your rights are.
Answer Applies to: California
Replied: 1/27/2012
Diefer Law Group, P.C. | Abel Fernandez
The answer to this question is yes. She can ask for support. The issue will be how much will she get based on the marital standard of living. If you were a student, then the standard of living would be low and you might ultimately not have to pay her anything.
Answer Applies to: California
Replied: 1/27/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
She does have a basis for receiving spousal support. However, if she is qualified to work as an RN, and jobs are available locally for which she is qualified, a Court could impute income to her if appropriate evidence of those facts (as well as salary evidence) is presented to the Court. You would best retain the services of an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 1/27/2012
