Full question:
I have been living separately from my wife who was into substance abuse. She recently lost her job because she was found using cocaine within the company premises. She has approached the court in San Francisco for claiming support. Am I legally obligated to provide her support out of the income I earn?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: California
Answer:
Spousal support is intended to help a lower-earning spouse maintain a standard of living after separation. In California, several factors influence whether support is granted, as outlined in Cal Fam Code § 4320. These include:
- The earning capacity of both spouses and their ability to maintain the marital standard of living.
- The job market for the supported spouse's skills and any necessary education or training.
- The supporting spouse's ability to pay, considering their income and assets.
- The needs of each spouse based on the marital standard of living.
- The duration of the marriage.
- Any history of domestic violence.
- The goal of making the supported spouse self-supporting within a reasonable time.
In cases involving substance abuse, courts may deny support if it appears that the support would enable further substance abuse. The spouse seeking support must demonstrate that they will use the support for legitimate needs. Ultimately, the court will consider all relevant factors to determine the outcome.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.