Is losing your job a reason to get spousal support? 3 Answers as of June 22, 2011

Can I get spousal support if I was fired from my job?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Assuming that you are going through a divorce, or that in the divorce judgment, jurisdiction was reserved regarding spousal support for you, and that your divorcing spouse or former spouse is gainfully employed, you can seek spousal support, and likely receive an order for spousal support. You should make a diligent effort to try to become re-employed, and keep detailed records of your efforts to become re-employed and the responses you received to those efforts, to demonstrate that you have been seeking employment. If your divorcing spouse or former spouse can prove to the Court that jobs are available within reasonable geographical proximity for which you are qualified to work, the Court could impute income to you, which may affect the amount of spousal support payable to you, or even whether or not the Court would order spousal support payable to you.
Answer Applies to: California
Replied: 6/22/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If the courts have not "terminated jurisdiction" over spousal support, you may be able to seek spousal support if you lose your job. However if a final judgment has been entered where the courts state that no spousal support is paid and that the court does not retain jurisdiction over support, you will not be able to seek support. You should consult an attorney to discuss you individual rights.
Answer Applies to: California
Replied: 6/22/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Are you referring to temporary spousal support? If so, then perhaps, depending on the reason you got fired (e.g., for cause, or simply laid off due to economic reasons). As for long term support, again, being laid off can be relevant, depending on how long you may be out of work, due to your occupation, skills, experience, etc. As for long term support, look up family code section 4320. For temporary support, you can call a local family law lawyer and have him/her run some DissoMaster calculations for you to determine whether, and how much support would be warranted. Good luck!
Answer Applies to: California
Replied: 6/22/2011
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