About the spousal support of divorce settlement?
I am a house wife that has been married for almost 5 years. I`m considering a divorce due to uncontrollable family trouble and disagreement. I was a student and never had a career since I got married so I need to make sure I will have some financial stragedy if I get a divorce. Someone told me the wife is entitled to get 50% of earning during the marriage no matter what. How does this case work in the state of Calfonia? We have no children but he has his own 3kids from the previous marriages
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I am not entirely sure about the laws on this, but I can give you a morality opinion. In my feeling if you were a student when you married then he supported you while you got a degree. Go out and use that degree and support yourself and don’t take money away that he may need for him and his 3 children. It takes a lot of money to support 3 kids whether he has custody or he is paying child support. Don’t take money from him, go earn your own fortune. However, if you had worked while he went to school then he should repay you by helping to support you so that you could get the degree and be able to financially support yourself.
You can get 50% of your community assets when you divorce, but that is one flat settlement, not continuing support for you. If you don’t have a lot of community assets, you’re not likely to get anything other than half of the debt and even if you do have more assets, by taking 50% of the assets you are also going to have to accept 50% of any liabilities and debts as well.
I really don’t think you will be able to get any spousal support, when you have only been married for 5 years. I believe California requires you to be married for 10 years. If you want a divorce, I strongly advise you to get a full time job right now and not depend on your husband to support you.
While married half of your husband’s earnings belong to you (it’s both of your money, but in a divorce, no judge is going to order your husband to give you half of his earnings, so you can continue to stay home. It’s time to be in dependant, get a job and take care of yourself. He has his 3 children to support. You have only yourself to support.
You were married less than 10 yrs..you have a degree.
He has 3 children to support in addition to himself but you want him to carry you financially when you divorce him?
Where do people get off? You have 2 arms and 2 legs and a DEGREE. Get off your ass and use it. There’s absolutely no reason why he should have to take care of you. He already did that..he worked and supported you while you were getting an education. Try actually using your degree for something instead of sponging off your ex husband..or soon to be ex.
Spousal support is usually only ordered if the couple had been married for 10 years or longer, and if the wife has no earning capacity.
There may be a possibility that you could get it for a short period of time while you get back on your feet, But I highly doubt it will be 50% of his wages.
You need to get out and get a job ASAP.