Can a friend out of work get spousal support after a divorce?

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Can a friend out of work get spousal support after a divorce?

I have a friend whos considering divorce. Hes out of work right now but his wife has a really good job and makes a lot of money. They also own a home together. If they divorce, will she have to pay spousal support to him? Also, hes in a band. Theyre not making any money now but can she come after him in the future if the band makes it big?

Asked on July 11, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Your friend would most likely be entitled to spousal support, but its important he consult with an attorney to ensure that he protects himself.  The home and who chooses to stay in the home has additional legal ramifications that can be complicated.  The court may make an order that requires him to make reasonable efforts to become self-supporting--else the court can later take the spousal support away. 

The length of the marriage has a large impact on how long support will last.  She can't come after him in the future for future earnings from the band, but it may be grounds for her to stop paying spousal support in the future. 

Have your friend give me a call at 805.876.4LAW so that I can protect his rights and get the best resolution possible.


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