Elk Grove, CA asked in Divorce for California

Q: My spouse is demanding spousal support. We have no assets or debts. Do I have to pay her anything?

Our marriage lasted approximately 2 years. She is demanding more than 1 year of support in the amount of 1400 per month. I have no idea how I can afford to give her any money. I am in a relationship with someone else now and expecting a child with her in 2 months. I gross approximately 130 K annually through my State RN career. Before I agree to her terms and file with the court, will they approve her spousal support demands? Do I have to pay her anything?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: There is no legal obligation to pay spousal support in the absence of a court order. You were married 2 years. She is potentially entitled to support for 1 year. There are several statutory factors that go into the determination of whether spousal support is appropriate in any particular case, how much that support should be and for how long. You have not provided enough information to determine whether spousal support would be awarded in your case.

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