You’ve likely heard someone say before, “My husband would never let me divorce him,” or “My wife would never agree to a divorce.” This can be a real concern for a person who wants to leave a marriage but knows their spouse won’t agree. For people stuck in that situation, there is good news: In California, we are a no-fault divorce state which means that your spouse doesn’t have to agree to the divorce.
Your spouse won’t have the final say in support
Another way a person tries to keep their spouse in a marriage is by telling them that they’ll never provide them with support. They may say, “I’m not paying a cent in alimony!” Again, this isn’t something they can legally decide. A divorce settlement is easier if both spouses agree on spousal support and other issues, but it’s not a requirement.
The way it actually works is that the lower-earning spouse who is asking for spousal support from the higher-earing spouse would simply go before a judge. The judge would then look at the case and decide whether spousal support should be awarded. They will consider the earning capacity of both spouses, the age and health of both of them, their assets and debts, who can spend more time with the children, contributions as homeowner, contributions to the education and / or career of the other, and the tax impacts of alimony.
The duration of spousal support in California
In the event that spousal support is awarded in California, the duration is generally for half the time of the marriage. As an example, if a marriage lasted four years then spousal support would likely be set for two years. However, if the marriage lasted a decade or more, then there’s usually no end date. There can be modifications made as time goes on. Spousal support will either end when the judge says it does, when the judgement says it does, or when either of the spouse dies. It will also end if the spouse receiving support marries or registers into a domestic partnership.
Child support is a legal requirement
Another tactic a spouse may take if they don’t want to divorce is to say that they won’t pay child support. Once again, this isn’t up to them. If they are the legal parent of your child, whether biological or via adoption, then they are legally required to provide support to your children. With today’s methods of collections, it’s quite nearly impossible for them to skip out paying it. If they refuse, then their wages can be garnished, their driver’s license can be suspended, they can be denied a passport, the funds in their bank can be seized – they can even be sent to jail.
Don’t listen to what your spouse says – listen to what your attorney says. Contact Kendall Gkikas & Mitchell at 909-482-1422 today to get the truth. We are here to help you get through this process as quickly and easily as possible.
