Legal Question in Family Law in California

Unemployed Spouse

My husband has been unemployed and generating no income since last October. When I divorce him, is he entitled to spousal support? Am I libel for any financial commitments he as agreed to i.e., car loan or credit cards even if my name appears nowhere on the applications or insurance?


Asked on 5/10/04, 1:12 pm

3 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Unemployed Spouse

The answer to the spousal support question is: "maybe." The court has discretion to award spousal support - it is not mandated by the Legislature. There are many factors to be considered, including without limitation,the length of your marriage. You should be aware however, if this is a marriage of any substantive length of time, you may indeed be ordered to pay support- you certainly have the exposure.

Regarding debts, you are both equally liable for community debts and are both entitled to one half share of the community estate.

You should probably retain an attorney to represent you if you can afford to do so.

Regards, Damian Nolan.

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Answered on 5/10/04, 2:26 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Unemployed Spouse

Likely, you will pay some spousal support for a set time period based on status as noted above. Keep in mind that all assetts acquired and/or debts accumulated during marriage, considered community debt. Does not matter that your name not on his debts, property or his not on your debts, property. His debts and your debts prior to marriage, remain separate, normally and likewise, property, personal and real, remains your separate property, unless community assetts used re that property, etc. Need more info for more precise answers.

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Answered on 5/10/04, 4:54 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Unemployed Spouse

The answer to both of your questions is qualified "maybe". It depends on a number of other factors. You should have a consultation with an attorney to plan out your dissolution process. Good Luck, Pat McCrary

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Answered on 5/10/04, 5:32 pm


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