Legal Question in Family Law in California

Mr wife and I married for 4 years. We do not have childlren. We are about to get divorce. She does not want to work and has not had a job for over two years proposedly (during marrige). My questions are as follows:

Can she apply for spousal support from me? I am not willing to accept her request ( since she never contributes anyhthng except some miner things at my home) . Instead, can she apply for financial support from outside agencies..given that she did not ask for spousal support from me ( e.g. if signed an agreement in place)?

Thanks


Asked on 3/12/12, 10:03 am

1 Answer from Attorneys
Michael Schneider Family Law Center

1. Yes, she can ask the court to award her spousal support based on the difference of your income versus her income. In that regard, it does not matter if you accept her request, but it matters what the court will do. The court looks at your circumstances as they exist, not the so much the reason how you got to where you are.

2. She could also, potentially apply for state assistance if you have children.

3. I am not really sure what kind of signed agreement you are referring to? Are you saying there is a prenuptial agreement in place?

4. Good luck!

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Answered on 3/12/12, 10:52 am


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