Legal Question in Family Law in California
I have been estranged from my husband for years. I recently located him. He and I do not have any property or children together. He remarried, in Florida, and did not get a legal divorce from me. I live in California and I have a government job. He says he does not have a job. Is he entitled to any money from me? His second marriage is not legal and they have a child. The wife has a great job .
2 Answers from Attorneys
If you are not divorced, his second marriage is a nullity. He is a bigamist. Bigamy is illegal in all 50 states. Theoretically, he could ask for spousal support in any divorce action, but I doubt a judge in California would grant it, given the facts you have set forth here.
There is a presumption that a party cohabiting with a person of the opposite sex has a reduced or no need of spousal support. It is highly unlikely that considering the length of time, his co-habiting and having a "putative" marriage that an award of spousal support will not be granted. I suggest that you get the dissolution filed and final. You should retain an attorney to make sure everything is done correctly to protect you in this unusual situation. Charge on an uncontested divorce should be about $1250 plus court fees.
Good Luck, Pat McCrary
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