Spousal support; My wife made $888/month disability income

This is a discussion on Spousal support; My wife made $888/month disability income within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My wife and I are getting divorced in California. She is asking for spousal support. We were married for 4 ...

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Old Jan 13th, 2012, 07:53 PM   #1
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Default Spousal support; My wife made $888/month disability income

My wife and I are getting divorced in California. She is asking for spousal support. We were married for 4 years during which I had no income for 3 years and 3 months because I was a full time medical student. My wife didn't work because she was on disability. She did not support me during school financially since she also had no income. School and living expenses were paid through student loans, which I am responsible for repayment. For the last 9 months of the marriage I worked making 60,000/year as an RN and she continued to be unemployed although she has the same earning potential as an RN and still does, but chooses not to work. For the last 2 years of marriage she made $888/mos disability income. Does she have a basis for receiving spousal support? Currently she has same income $888/mo no rent and no bills since she lives with family.
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Old Jan 14th, 2012, 11:45 AM   #2
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Default re: Spousal support; My wife made $888/month disability income

I wish to inform you that spousal support includes earning capacity of the person. In this regard spousal support includes all the facts including the contribution which one makes to the house as well as earning capacity of the person. Thus you will have to show in court that your spouse can earn equal amount of money if she works but she is willingly not working so that she may have spousal support along with disability income.

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Old Jan 14th, 2012, 06:09 PM   #3
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Default Re: Spousal support; My wife made $888/month disability income

Per California law a marriage of only 4 years is considered a brief one and probably too brief a marriage for support to be ordered. The previous answer is incorrect on all bases. If there are no children, another factor against awarding support. If she did not contribute to your education, another minus for support to be ordered.

Being on disability means that she has documented well enough to Social Security that she is unable to work despite what you contend. The process is arduous to get on disability, requiring heavy documentation from physicians that the person is not capable of working. So support for rehabilitation, just long enough to re enter the work force would not be ordered, either.

Your concerns would be best alleviated if you were represented by counsel, though, which is what I would recommend.
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