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?

Related Topics:
1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.