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?

Asked almost 2 years ago - San Francisco, CA

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. Matthew Jacob Rudy

    Contributor Level 10


    Lawyers agree

    Answered . 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... more
  2. Carol Anne Jasinski

    Contributor Level 11


    Lawyers agree

    Answered . 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. Michael John Harrington

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  4. Richard Melone Bryan

    Contributor Level 10

    Answered . 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... more

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

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