QUESTION

Do I have to pay spousal support just because I have a higher income even if he is capable of supporting himself?

Asked on Jan 23rd, 2016 on Divorce - California
More details to this question:
My husband and I got married overseas in 2007. We moved back to the States in 2010 and lived in A from 2010 to 2011. I'm a US citizen, he is on green card (he got it by being married to me). We haven't been living together since 2011 though we have been filing taxes jointly. Between 2011 and now he lived in State B, while I lived in a variety of different states and overseas due to jobs. I make 4 times more money than he does, but we've been living apart and supporting ourselves on independently, and he definitely is capable of making a living and earning a far better wage than his current income, he simply refused to in spite of my offer to help time and again. We have no children, no properties, and no bank accounts together and before we went our separate ways in 2011, we signed a settlement agreement in State A that stated in the event of divorce, my income/property earned during marriage is mine (as are my debt) and same applies to him. Long story short, I'd like to find out where I should be filing divorce and does this mean I'll have to pay spousal support simply because I'm making more money than he is, even though he is capable of supporting himself and have been doing so since 2011. And I picked State B as the state since that was the most recent state I lived in, although I'm now living overseas again. Thanks.
Report Abuse

1 ANSWER

Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
The way you prove he has the ability to earn is to retain the services of a vocational evaluator. That person will make a report showing how much your husband can earn and places where he will qualify for employment. The court will then use that information to impute that ability to work and potential income to him. That number will affect how much, if any, spousal support you will have to pay. I strongly suggest you have your lawyer or a lawyer assist you with this process because, depending on the length of your marriage, spousal support could become quite burdensome. Good luck.
Answered on Feb 17th, 2016 at 4:23 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters