Legal Question in Family Law in California

Spousal support that wife pays to husband

I would like to know if spousal support is mandatory or optional in the state of CA. I am considering filing for legal separation. Since I earn more than my husband I would likely be required to pay him spousal support. Have checked CA Family Code 4320 but cannot determine this based on reading the code. Will probably opt for mediation in order to separate rather than go to court.

If spousal support is a requirement, for what duration must I pay....till death/remarriage? Also, I would like to know if spousal support is mandatory or negotiatable/optional.


Asked on 12/31/04, 1:34 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Spousal support that wife pays to husband

In a general sense, spousal support is mandatory if there is a significant disperity in earnings, and the lower earning spouse asks for it. Length of time can vary significantly based upon your inuque circumstances. Spousal support can be waived or negotiated by the spouses. Mediation is a good way to go. Also considder "collaborative divorce" as an alternative to both judicial and mediation.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/31/04, 2:26 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Spousal support that wife pays to husband

He may request spousal support and it may be awarded for 1/2 the length of the marriage or more. It may be included as part of a marital settlement agreement. Call me directly at (619) 222-3504.

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Answered on 1/03/05, 6:58 pm


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