QUESTION
Is he entitled to spousal support from me and for how long?
Asked on Feb 07th, 2013 on Divorce - California
More details to this question:
My six-year marriage is ending. My husband is stating he is going to sue me for spousal support. He is working full time however, my income is much higher.
8 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes he can get support. Normally about 1/3rd to 1/2 of the length of the marriage.
Answered on Feb 08th, 2013 at 3:14 PM
Temporary spousal support is based on the relative incomes of both parties. If you income is a lot higher than his, you may have to pay for a while. You should meet with a family law attorney in your county for an initial consultation to see if you are at risk for temporary, and possibly a few years of permanent, spousal support.
Answered on Feb 08th, 2013 at 3:13 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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The factors considered in setting spousal support are all at Family code 4320 et seq, as is the normal rule of thumb as to duration of support as half the length of the marriage (defined as date of marriage through date of separation), a rule not applied in long term marriages, the latter defined as more than 10 years.
Answered on Feb 08th, 2013 at 3:13 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Look up Family Code section 4320. This code explains the factors a judge will consider regarding awarding spousal support. Spousal support is discretionary and is based on your husband demonstrating his need for support and the court finding you have the ability to pay if judge finds the 4320 factors warrant awarding support. If support is awarded in a marriage that lasted less then 10 years it generally is only ordered for 1/2 the length of the marriage.
Answered on Feb 08th, 2013 at 3:13 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Spousal support is dependent on many factors. At the beginning of the dissolution of marriage support is set by a computer function. At the trial at the end of the case there are many statutory considerations for the court to consider. Spousal support can be estimated by a knowledgeable attorney supplied with all the relevant facts of the case.
Answered on Feb 08th, 2013 at 11:14 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He could get support from you probably for half the length of the marriage.
Answered on Feb 08th, 2013 at 11:13 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Perhaps, although without specific numbers, it isn't possible to say for sure. What I can say is that spousal support is gender neutral.
Answered on Feb 08th, 2013 at 11:13 AM
If the roles were reversed would you ask for support! The answer is yes you may have to pay support.
Answered on Feb 08th, 2013 at 11:12 AM