Legal Question in Family Law in California

Husband's Right to Spousal Support?

I am a Canadian citizen, resident in California on a work permit. My husband is a UK citizen, resident in California on a visa that is dependent on my work permit. He cannot work under the terms of his visa. We have no children, and no major assets (property, etc.)

We are getting a divorce - he has threatened to sue me for spousal support. When the divorce is final, his visa will no longer be valid - he will not be able to legally reside in the US, except on a Visitor visa. He claims that he was born in the US, but has never been able to produce any paperwork that would prove it and allow him to work here.

A large part of the reason for the divorce is that he has not made any effort to find a way to get work. My questions are:

1.) Will I definitely have to pay him spousal support, just because I earn money and he doesn't?

2.) Will I still have to pay him spousal support if he is no longer allowed to legally live in the United States?

3.) If he claims to be a US Citizen, and should be able to work here, but refuses to sort the paperwork out, could that be grounds for not paying spousal support?

Thank you.


Asked on 7/28/04, 3:10 pm

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Husband's Right to Spousal Support?

The issue of spousal support is discretionary with the court. The considerations to be taken into account are found in Family Code Section 4320. If you earn substantially more than your spouse then you probably should retain an attorney to assist you.

Regards, Damian Nolan

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Answered on 7/28/04, 3:35 pm


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