If my wife abandoned do I have to pay for spousal support? 21 Answers as of May 25, 2011

You need to hire a family law attorney and get to court to obtain the orders that you want.

There are too many other variables for the court to consider to give you a definite answer. The court will also consider reasons for the breakdown of the marriage and length of marriage. Stay well.

In NY, although she abandoned you, she will still have a right to equitable division of marital assets, such as a pension or 401(k) plan assets and she may have some right to maintenance, however, that may be limited by the fact that she left you. Speak to a competent divorce lawyer as soon as possible for further information.

It certainly sounds as if your wife has decided to stay away from your family home. She has left you in place as the custodial parent of your daughter and other children. Leaving does not cause her to lose any property rights, such as an interest in the equity you may have in your home, savings accounts, marital property or retirement accounts. She may be on the hook for child support. Spousal support is based upon a whole different set of criteria so there is no answer without more facts. As it stands right now, you have the children, you are living in the family home and she is gone. When you or she decides to file for a divorce, the court will have jurisdiction over all these issue and decide them if you and your wife cannot reach agreement. If you think you might reconcile with your wife, since it is still early in the separation, I would not get too worked up. But if you decide that divorce is the answer, than I would get going on it to secure your position as the custodial parent, to obtain child support, and to minimize her interest in the equity of the marital assets. In other words, the longer you wait and the larger the size of your marital equity, the more she can claim. I hope this helps. Call to discuss.

Since California is a "no fault" state, she may be able to obtain spousal support from you, depending on the incomes, life style during the marriage, and other factors. However it appears she left the children with you so you may obtain child support. You should obtain competent legal counsel to guide you through the divorce, and that is exactly what we do here at this office.

While your questions may seem simple, the answers are always more complex. There is a legal definition of abandonment and I don't believe that it would apply to your case at the present time. Should she want alimony or a claim against your retirement, she would have to return here to fight for it.

It depends on many factors - incomes, need, other assets and debts. If the children are still dependent, she'll owe you for child support.

Spousal Support is based on a number of factors including the length of marriage and the earning capacity of each party. AS a general rule, leaving the marriage will not impact whether spousal support is paid. Asseets including interests in retirement accounts, will be divided if accrued during the marriage.

You absolutely have to talk to a divorce attorney and get some help. This is a complicated mess, and there is a lot to talk about. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

The answer to your questions require far more information and time than is possible in this format. Spousal support (alimony) depends on an overall assessment of the financial situation and the length of the marriage and there are no hard and fast rules. You need to consult an attorney who can assist you in understanding the legal principles and how they might apply in your case.

I would recommend that you retain a divorce lawyer as soon as possible. Discuss with your divorce attorney the issue of raising abandonment as it relates to issues of alimony and child custody. Good luck!

Yes, your wife will be entitled to support and a portion of your retirement. California is a no fault state so there is no abandonment. If your wife left the children with you, this could be a factor as to determining custody and visitation. Any spousal support could be reduced by the amount of child support she would have to pay you.

Each state has its own rules regarding abandonment. They are usually based on several factors which requires a degree of judgment, thus no attorney should answer your question in absolute terms. The critical question, however, should have been whether she has abandoned her domicile, which is a major factor in determining jurisdiction, which in turn affects child custody (parental rights and responsibilities). In Colorado, domicile is achieved by living here 90 days. If she has lived elsewhere for 90 days, she may have domicile there, and thus, not in Colorado. I only practice in Colorado, so give us a call if you are also in Colorado.

You will need to get temporary orders making her pay child support according to a child support calculator.

If your matter is taking place in Washington, then her leaving for 8 weeks does not automatically disqualify her from being able to request spousal maintenance nor does it constitute a waiver of any assets she may be entitled to from the marriage. If you reside in Western Washington, feel free to contact my office to set up a free, initial consultation-by phone or in person-to discuss your situation. You need aggressive representation now.