Legal Question in Family Law in California

Spousal support is based on five factors: length of the marriage, age of the parties, health history, earning capacity and standard of living during the marriage. The court cases that evolved would not require your husband to return to the work force since he has reached an age where one would normally retire. You are somewhat in a grey area on the courts interpretation of your obligation to return to work to supplement your income. The reality of being unable to find work at your age in this dismal job market may support the conclusion that you would be entitled to spousal support from your husband. The support would be calculated based on his retirement and social security income.

In a dissolution, you will be entitled to one-half of his retirement earned during the marriage and would have to give up one-half of your retirement earned during the marriage; however, temporary support will likely be calclulated on current incomes..