Legal Question in Family Law in California

Spousal Maintanence

Nine year marriage - husband committing adultery - 56 yr old wife is disabled (receives disability check from the government) and has been disabled for the entire marriage & has not worked since being married, due to her illness. Is it customary for the court to award her enough permanent spousal maintenance to pay for her living expenses as well as her medical expenses? And if so, how long could she possibly expect to receive this assistance since it's not likely she will be able to work anytime soon, if at all. FYI - her husband owns his own dental practice and does very well financially. No children on either side.


Asked on 6/06/07, 6:18 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Spousal Maintanence

The law presumes she is entitled to support for one-half the duration of the marriage.

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Answered on 6/06/07, 6:36 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Spousal Maintanence

That is a very tought question and no one can really answer it until the judge makes a decision. If I were the judge I would grant lifetime support, but that is my answer, but there is no hard and fast rule, it is in the descretion of the judge. She should retain an attorney. Undoubtedly the court will grant a contribution to her attorney's fees so she should seek representation. Good Luck, Pat McCrary

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Answered on 6/06/07, 6:37 pm


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