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  1. #1
    Join Date
    Nov 2015
    Posts
    6

    Default Will You Have to Pay Spousal Support to a Spouse Who Could Earn More Money

    My question involves a marriage in the state of:California

    I have been married to a Japanese national for a little under 4.5 years. Prior to our marriage she received her BA in Psychology in Minnesota. Of the 4.5 years she has worked a little over 2 years. Despite having a 30+ hr per week job at $15/hr (promotion coming) the only bill she pays is her own insurance. She has helped with the rent 6 times the entire time we have been married. I make 60k+ a year but after paying rent, utilities, cell phones, food, entertainment, and contributing 10% to my 401k the 3 of us (I have a 13yr old son) I am close to breaking even. Since she has the means to provide her own income and she is capable of getting a higher paying job based on her degree will I sill be on the hook for Spousal support? From what I have read it also seems as though she would be able to demand half of the 401k I have invested while we have been married. Does the court take into account her lack of contributing to the bills, keeping her own money and using it to take time off and go on vacations while I had to work full time so the bills are payed? Lastly she might be more inclined to work with me on asset division if the paperwork is filed as a Legal Separation as opposed to a Divorce. If I signed on for a Separation for now and turned it into a Divorce later what impact would that have if she already signed the FL-142?

    Thanks for your consideration!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will You Have to Pay Spousal Support to a Spouse Who Could Earn More Money

    You don't get to hold the manner in which you mutually managed your estate against her in divorce. You can try to convince the court that she should seek a higher-paying job, or that a higher income should be imputed to her within the context of any request for spousal support, but we're not in a position to assess your impression that she could earn more money or the availability of higher-paying jobs within her field and the scope of her skill and experience.

    A FL-142 is what it is. If she completes the FL-142, then she's likely to have a difficult time disputing the information she reports during any subsequent legal proceedings. But if you are asking what will happen if you get her to sign off on a document that you know understates the value of the marital estate, don't count on it holding up when she attempts to refute incorrect figures with more accurate figures.

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