Law Offices of E. Patience Adeyanju
Personal Injury, Family Law & Immigration

(925) 759-6071

FAQ info:

 

I am thinking about Divorce. I work but he does not. Does that mean I will have to pay him spousal support?

 

Not necessarily.

 

CA Family Code Section 4320 outlines what the court takes into consideration in ordering spousal support. The court will look at both parties' earning capacity and if it is sufficient to maintain the standard of living you had during the marriage, your ability to pay spousal support taking into account your earned and unearned income, assets and standard of living, the duration of the marriage, the ability of the supported party to engage in gainful employment, the age and health of the parties, the balance of hardships to each party, the extent to which the supported party contributed to your education and training and the goal that the supported party shall be self-supporting within a reasonable period of time.

 

Keep in mind that in “short marriages” spousal support is usually awarded for a reasonable period of time and in cases of “long marriages” (marriages longer than 10 years) a reasonable time period is usually one-half the length of the marriage.

Therefore, since the court looks at all these instances, spousal support is not automatic. If your earnings are barely enough to take care of yourself and your children, an argument can be made that you do not earn enough to pay spousal support. You may end of paying nothing or very little depending on the situation.

 

Call the Law Offices of E. Patience Adeyanju for a free divorce case evaluation at 925-759-6071.

 

 

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