Legal Question in Family Law in California
if i live in california i divorced 2 years ago remarried and now my x wife is trying to ask for spousal support. I pay child support already. can the court grant her spousal support and she lives with her boyfriend..
2 Answers from Attorneys
It depends on whether or not the court terminated its jurisdiction to award spousal support. When no spousal support order is made, it is customary to have the court terminate the ability of one spouse to seek spousal support from the other, in the dissolution judgment. Otherwise, you may be subject to spousal support, dependent on other factors.
Roach is correct. Unless jurisdiction was reserved, she can't get spousal support. Another key factor was how long you were married to her. If the marriage was not of long duration, it is unlikely the court would grant support at this stage anyway. Lastly, spousal support can be terminated on cohabitation as well as remarriage, so that would be another strike in your favor for not granting it now.