never got married to the woman I had kids with , is she entitled to spousal support even if we were not narried?
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never got married to the woman I had kids with , is she entitled to spousal support even if we were not narried?
This woman is filing for spousal
support even when we were never
married. She is already remarried
has a higher income with her
husband and she still or the court
are still charging me for spousal
support can you please help very
urgent thank you
Asked on April 1, 2016 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Generally, if you were never married, she is not and never was a spouse and is not entitled to spousal support. You have to show marriage to get spousal support.
However, your state has a limited exception for non-married partners if there was some promise by partner A to support partner B and if under the circumstances of their relationship and lives, it was reasonable for B to rely on and A to be held to that promise. To oversimplify a very complicated and fact-sensitive area, if you lived together for a time and you supported her, or you didn't live together but you supported her (e.g. paid her rent or gave her money for living expenses, and there was a promise or strong implication you'd continue to support her, she may have a valid claim. On the other hand, if you dated or had an unfair but you did not support her and did not promise to, it is very unlikely that her claim is valid. Even if she otherwise might have a valid claim, if she is remarried and has a high income, she's much less likely to get anything.
You can be held liable for child support of course--that has nothing to do with your relationship, and everything to do this this being your child or children. Her current relationship is irrelevant to this.
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