Legal Question in Family Law in California
My sister lives in poverty while her husband receives all income from their four properties acquired during their marriage. What can she do to make her husband share this income with her? He refuses to give her any money and says the $700 per month she gets from Social Security retirement is enough. She is indebted to paying off her credit cards at $500 per month leaving precious little money for her well-being.
4 Answers from Attorneys
She should return to court seeking a proper division of these resources as well as spousal support.
Actually, it sounds like they are still married. If that is the case, then, absent a divorce, there is nothing that can be done.
Actually I disagree with Mr. Schneider on this one.
As a general rule, as long as a husband and wife are living together, they have a mutual duty of support. "Subject to this division, a person shall support the person's spouse." (Fam. Code, sect. 4300). This statutory support duty applies only while living together � it does not apply when spouses are living separate from each other by agreement. The duty can not be contracted away. It is an unwaivable duty.
A spouse owed a duty of support can bring an action against the obligor spouse to enforce the duty of support. (Fam. Code, sect. 4303 subd. (a).)
Those types of lawsuits are rare, but they are not nonexistent. A lawsuit may trigger support, but it may also trigger animosity between the spouses.
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