Legal Question in Family Law in California
I live in California, my wife and I have been seperated for 7 months. She now wants a divorce. My question is regarding spousal support. She makes $35k per year and I have been unemployed since Oct 2011 and only make $23,400.00 on unemployment. Will she be awarded spousal support as I have been out of work for 15 months? Before i lost my job I wa making $45k yearly
1 Answer from Attorneys
Determining whether to award spousal support and if so how much is a complex analysis requiring the court to address something like 45 different statutory factors. One of the key ones is length of marriage, which you don't even mention. It sounds, however, pretty unlikely that you would be ordered to pay support at this time, although the court might be persuaded to retain jurisdiction to award support if and when you get a job, and order that you report to the court on your efforts to find one. That is more likely if you have children and child support will be an issue as well as spousal.