Full question:
I have COPD. Up until last October, my husband and I got along great. I could not have sexual relations with him because of my COPD. In January 2009 out of the blue he said our marriage was over. I asked him if there was someone else; he lied to my face. The end of March early April he started living with a woman 20 years his junior. She is from another state. He use to travel to that state for work. We are still married because I need medical insurance. This September we will be married 35 years. Can I sue for Alienation of Affection? If we divorce, what are my chances of getting my husband to pay for medical insurance and spousal support? I was a housewife for 34 years.
- Category: Divorce
- Date:
- State: California
Answer:
An alienation of affection lawsuit aims to hold the third party responsible for the breakdown of a marriage, rather than the spouse who cheated. However, many jurisdictions, including California, have abolished the right to bring such lawsuits. Therefore, you may not be able to sue for alienation of affection.
In California, spousal support (alimony) is generally awarded without considering marital misconduct. The primary goal of spousal support is to help the lower-earning spouse become self-supporting over time. Courts typically consider half the length of the marriage as a reasonable period for this transition.
When determining the amount and duration of spousal support, California courts evaluate several factors, including:
- The supported spouse's marketable skills
- The impact of marriage duties on the supported spouse's earning capacity
- The supported spouse's contributions to the other spouse's earning capacity
- The supporting spouse's ability to pay
- The needs of both parties
- The obligations and assets of both parties
- The marriage's duration
- The age and health of both parties
- Any other factors deemed fair by the court
In California, community property acquired during the marriage is divided equally after accounting for each spouse's separate property. Community property includes all property acquired during the marriage that is held jointly, unless there is a clear statement or written agreement indicating it is separate.
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