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What is the law in California when the spousal support is for a contingent period of time ?

What is the law in California when the spousal support is for a contingent period of time ?

Q: Do I have to pay my wife during separation?

In California, whether you must pay your wife during separation depends on if there is a court order for spousal support. If such an order exists, you are required to make payments. If there is no order, you are not legally obligated to pay support. It's best to seek legal advice to understand your specific obligations.

Full question:

My husband and I are living separately for 2 years. My husband was ordered to pay spousal support for contingent period of time and now that the contingent event has happened he is no more required to pay the support. Can I continue receiving the payments or should I be letting him know of the situation. What is the law in California when the support is for a contingent period of time ?

Category: Divorce
Subcategory: Spousal Support
Date: 04/07/2025
State: California

Answer:

In California, if the court orders for spousal support for a contingent period of time, the obligation of the supporting spouse ends on the happening of the contingent event. The court may include in the order that the supported party should notify the supporting party or his attorney of record, the happening of the contingent event. If the supporting party fails to notify the occurrence of the contingent event and continues to accept the support from the supporting spouse, the supported spouse shall refund the payments received after the occurrence of the contingent event, except that the overpayments shall first be applied to spousal support payments that are then in default.

Per California Family Code §4334:

“(a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party's attorney of record, of the happening of the contingency.

(b) If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency, except that the overpayments shall first be applied to spousal support payments that are then in default.”

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.

FAQs

Is my wife entitled to half my 401k in a divorce?

In California, retirement accounts like a 401(k) can be divided during a divorce. Generally, any contributions made during the marriage are considered community property. This means your wife may be entitled to half of the portion that accrued during your marriage. A Qualified Domestic Relations Order (QDRO) is often needed to divide these accounts properly. It's best to consult with a family law attorney for specific guidance on your situation.

How much do I have to pay my wife if we separate?

The amount you may need to pay your wife during separation can depend on various factors, including your income, her needs, and any existing spousal support orders. In California, if spousal support is ordered, it is typically based on the length of the marriage and the standard of living during the marriage. A family law attorney can help determine the appropriate amount based on your circumstances.

What does a husband pay a wife after divorce?

After a divorce in California, a husband may be required to pay spousal support, child support, and divide community property, including assets like homes and retirement accounts. The specific amounts depend on factors such as income, needs, and the duration of the marriage. It’s advisable to consult a family law attorney for personalized advice.

Do I have to support my husband if we are separated?

In California, if you are legally separated, you may still be required to pay spousal support if a court order is in place. This obligation typically depends on your financial situation and the needs of your spouse. If no order exists, you are not legally obligated to provide support. Consulting with a family law attorney can clarify your responsibilities.

Do I have to pay my wife during separation?

What happens if husband and wife live separately?

When a husband and wife live separately in California, it may lead to legal separation or divorce. During this time, issues like spousal support, child custody, and property division can arise. Living separately does not automatically end financial obligations unless a court order specifies otherwise. It's important to consult a family law attorney to understand your rights and responsibilities.