Been married 32 years haven't worked since 1987 husband now wants a divorce Will I be able to get spouse support and keep my

Asked over 2 years ago - Concord, CA

my house Husband thinks i've been cheating and I havent I have 2 older kids above age 19 and one my husband has conservativeship over she is 25. And we don't want him to be her conservator she wants me

Attorney answers (3)

  1. Steven Gary Hittelman

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . Spousal support in California is based not only on how long you've been married, but on a number of factors including what skills you have, how long it's been since you worked, if there is any domestic violence, etc.
    I would get your last few years' tax returns and any up-to-date information you have on your husband's income and consult a family law attorney ASAP.
    With the conservatorship it sound like it's already been granted, so trying to change it may be a problem. I would consult a probate attorney (one who also practices family law!) to see what you can do to meet your daughter's wishes.

  2. Rebekah Ryan Main

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. This is called "spousal support."

    The judge will take many things into consideration when deciding what spousal support should be ordered. Examples of some things the judge may consider are:

    How long the couple has been married;
    The age and health of each spouse;
    How much income each can earn on their own;
    What the expenses of each spouse are;
    Whether there are minor children at home; and
    The history of the way the couple handled money during the marriage.

    In your case, the length of your marriage and your work history suggest that you will be awarded spousal support. Whether or not you can keep the house is a question that depends on many factors, including how much its worth, whether its community or separate property and whether you can afford to “buy out” your ex’s interest (if any).

    With regard to the conservatorship, that is an entirely different issue. You would need to proceed for a change of conservator in the probate court.

    In either event, an attorney can help with all of these iassues.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It’s easy and appreciated.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

  3. Jeffrey Phillip Blum

    Contributor Level 9

    2

    Lawyers agree

    Answered . Assuming that your husband is working and assuming that a divorce is imminent, you should consider immediately hiring an attorney and seeking temporary spousal support. There may be other temporary orders that you may want to seek, including temporary sole and exclusive use and possession of the residence. Regarding long term support the court will consider a variety of factors, including your age, his age, your employment background (or lack thereof) and education, your health, his health, and the marital standard of living. Short term spousal support differs from long term spousal support in that temporary spousal support is intended to preserve the status quo while the action is pending whereas long term spousal support is intended to motivate you to seek work and become fully self supporting. You may be asked to participate in a vocational evaluation to determine your employability. Generally I encourage clients in similar circumstances as yours, to voluntarily participate provided the vocational evaluator is an acknowledged expert and your husband pays the cost of the evaluation. I would need to know all of your circumstances and his, before committing you to this process however. You have not provided enough information about the 25 year old and the conservatorship issue, to provide any advice on it. If the 25 year old has competency issues then her desire to have you may not carry much weight. You have not indicated whether your husband is somehow being derelict in his duties to the 25 year old. I am also wondering too whether this issue belongs in probate court rather than in the family law court.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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