My wife agreed in writing to give me 2000/month. can she change her mind when Cfiling for legal seperation.
She sent email indicating that she would provide the amount each month. She is now saying that her expenses were greater than expected
Attorney answers (2)
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Business Attorney in Los Angeles, CA.
You probably can't enforce what she wrote in her email as if it was a settlement agreement, since it sounds more like it was her guestimate of what she could afford in spousal support. If she's paying spousal support, she's also probably paying for your legal fees, so ask your own family lawyer.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Diana Lucia Martinez
Reputation Level 14
Answered over 2 years ago.
Divorce / Separation Lawyer in Ontario, CA.
Until there is a court order, she is under no legal obligation to pay any spousal support. You can get a court order by coming to an agreement between yourselves or by asking a judge to make that decision. Your temporary spousal support (while the divorce goes through the courts) may be different from your final order. Understand, that spousal support can be a very expensive issue to try in court. The final order will not be based on a computer formula, like it is for child support. It will be based on the marital standard of living, how long you were married, your earning ability, her ability to pay, the distribution of assets and debts, your age and health, and many other factors. Your best bet would be to sit down and figure out what it is that you need rather than argue over what you are entitled to. It's easier to come to an agreement when you can SHOW each other your needs and expenses rather than say "I need $2,000/month" or "I can't afford it". By law, you will have to exchange financial information (income and expenses, assets and debts) and you will have to provide documents that support the information you are providing (last two months-worth of pay stubs, invoices, credit card statements, etc). Calculate your living expenses and whatever else you will need to start to establish your life separate from her. And bring the information that supports what you are saying. It's harder to argue with a document than with empty words.
This is not legal advice nor is it intended to create an attorney-client relationship. You should consult an attorney, directly, so that s/he can assess and advise you as to your unique situation.
Good luck to you both.
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