Legal Question in Family Law in California

if you a married man who's wife has alway been the major bread winner, and is also concidered to be head of household on tax documents...

as a man having been supported financially for many years by your spouse (wife) suddenly you and your spouse have a problem where you had to remove yourself from the premises...(home) voluntarily to keep peace... and your spouse continues to purchase you new clothes pay phone bills... by new phones as well...

spouse get angry because of an conversation, files a restraining order... ... preventing my ability to get employment in my current field /profesion... and cuts off support ...am i entitled to spousal support.

NOTE during the restraining order procedings... my wife was awarded a 5 year order of protection... which she declined and bartered with judged until it was lowered to 1 year, stating 5 yearsas too long... also stating she was concerned about my not being able to support myself...

DOES NOT WANT A DIVORCE... I feel the restraining order was out of being vindictive

am i entitled to spousal support.


Asked on 5/15/11, 5:13 am

2 Answers from Attorneys

Spousal support could only be ordered in a divorce proceeding.

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Answered on 5/15/11, 12:45 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Mr. McCormick is right - the only way to get spousal support is to file for divorce. It really amazes me how people claim that they never abused the person who filed charges against them and then actually want to stay in the relationship. Is being with anyone really worth the very real possibility of being thrown in jail and staying there? Anyone who would file false charges won't be afraid to file them again if becomes advantageous. There are way too many other possibilities out there to get caught up in a situation with someone who isn't worth your time.

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Answered on 5/15/11, 2:12 pm


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