Full question:
Do I have to pay all expenses to support me and my Spouse from my separate property? She cannot work and contributes no financial support to our marriage.
- Category: Husband and Wife
- Subcategory: Marriage
- Date:
- State: California
Answer:
You have a legal obligation to support your spouse, even from your separate property, as long as you are married and not separated. If you are capable of providing support, the government can intervene if necessary. This duty is governed by California Family Code Section 4300, which states that a person must support their spouse.
According to Section 4301, this support should come from the person's separate property when there is no community or quasi-community property available. However, if you and your spouse are living separately by agreement, you are not liable for support unless specified in that agreement (Section 4302).
Furthermore, Section 914 outlines that a married person is personally responsible for debts incurred by their spouse for necessary living expenses, whether living together or separately. If you use your separate property to pay such debts, you may be entitled to reimbursement if community or separate property of your spouse was available but not used.
For enforcement, the spouse or the county can take legal action to ensure support is provided (Section 4303). If the county provides support, it can seek reimbursement from you, including reasonable attorney's fees and court costs.
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.