Sunday, September 25, 2011

WILL I BE OBLIGATED TO PAY SPOUSAL SUPPORT?

QUESTION: We have been married less than a year. My wife quit her job to go to school during this time. I am 100% disabled and have a fixed income. Is my wife entitled to spousal support from me?

MY RESPONSE:

You are not obligated to pay Spousal Support to your wife during or after a divorce unless or until you are ordered to do so by the Court.

If you intend to divorce your wife, the sooner you separate (or file for divorce), the shorter your spousal support obligation will be. Spousal Support in short-term marriages is generally awarded (if at all) for 1/2 the duration of the marriage to time of separation. If the marriage is 10 months long, Spousal Support would likely be for 5 months duration.

The amount of Spousal Support is dependent mostly upon your income and her income. If your wife has no income, a (brief) Spousal Support obligation could be ordered by the Court.

If you can prove to the Court's satisfaction your wife's employment qualifications (education, training and work experience) and the availability of jobs in a reasonable geographic radius for which your wife is qualified to work, and the salaries those jobs are paying, the Court could "impute" an earning capacity to your wife which, if sufficient, could preclude your wife from getting a Spousal Support order, and could possibly support your receiving an order requiring your wife to pay Spousal Support to you.

If you are looking to limit the duration of your potential Spousal Support obligation, the sooner you separate, the shorter the duration of Spousal Support.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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