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We were are same sex couples legally married in SF. We were only married 4 1/2 years. Would I have to pay spousal support?

San Francisco, CA |
Filed under: Divorce Alimony

She does not have a permanent job at the moment but is always in between jobs. I moved out already we were only separated since July 30,12. Before i moved out we were living at her moms house for two years and only paid $500. per month. I do make more than her but was the head of household. I also have a daughter from a previous marriage that I am the sole supporter.

Attorney Answers 4

  1. You may have a spousal support obligation, but it is impossible to determine whether this is the case or how much you might owe without additional information.

    Further complicating any spousal support obligation arising in a same-sex marriage is the fact that your support paid will not be tax-deductible to you or taxable to her at the federal level. Accordingly, you would want to deviate from any temporary support calculations.

    You should consult with an experienced family law attorney in your community to do a more thorough analysis of whether or not you would have an obligation and how much that obligation might be.

    Any substantive or procedural information contained in this response is for informational purposes only. The provision of this information does not constitute legal advice nor does it create an attorney-client relationship. To obtain legal advice relevant to your situation you should contact a local family law attorney. The Law Office of Matthew J. Rudy is happy to provide a free one-hour consultation to individuals located in the greater San Francisco Bay Area.

  2. I agree with Mr. Rudy that it is difficult to know if and how much support you might be asked to pay. Assuming that some support would be ordered, there is a rule of thumb that, in regards to a short marriage (less than 10 years) the support obligation would last one have the length or your marriage, or in your case, about 2 years, three months.

  3. If you earn more than your spouse you have some support liability here, even a "short term" domestic partnership. Rule of thumb is 1/2 the length of the marriage. Its possible to impute earnings to her based on ability to work also there should be a Gavron warning given when and if a spousal support order is made , advising her that the policy of the state of California is for the supported spouse to become independent and self supporting one day.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

  4. I agree with the other attorneys that you may have a potential spousal support liability for a limited period. However, to get meaningful advice as to amount and duration of support, you should consult with an attorney.

    The above is general information only. It should not be considered as legal advice applicable to your specific circumstance. Reliable legal advice applicable to your situation cannot be given without a consultation. The above response does not create an attorney client relationship nor should it be considered as a privileged attorney client communication.

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