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Can my wife get spousal support after 4 years of marriage in CA?

Palmdale, CA |

My wife and I have been married for 4 years, but I’m filing for divorce due to unhappiness. She claims she can get money out of me and take whatever I have. Could that happen? If so, what will I be paying?

What are some things that she can take or have? We have no kids and we lived with my parents during our marriage. The car is under my name and I have my own bank account. She recently lost her job and she has no license. She also has a history of stealing and doing drugs. She isn't in school, nor does she have a job. What are the good and bads for my side?

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Attorney answers 3

Posted

To be frank, it doesn't sound like you could afford to pay support, even if it were awarded. If she is capable of self-support, then I doubt she's going to get alimony - there really aren't any assets to split and you weren't married for that long.

Now, CA is a community property state, but you don't really own anything, so there can't be that much to divide up.

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

Posted

Spousal support is based on the marital standard of living and from the sounds of things there was not enough money to create any real standard of living.

It is possible that she could get some support for a short period of time. The actual amount would depend on your income and her income.

Posted

Spousal support in CA is based upon the marital standard of living during marriage. The length one spouse can receive spousal support is based on the duration of the marriage. If ordered at all, the spousal support order shall not exceed more than 1/2 of the duration of the marriage. You should contact a local attorney and see if they could run some ex-spouse numbers for you based upon both of your incomes. This will give you a better idea of what you are looking at, if anything at all.

Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.