Does my mother have a legal obligation to help her husband financially under these circumstances?
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Does my mother have a legal obligation to help her husband financially under these circumstances?
My mother got married in Hawaii 11 years ago. She has remained in Hawaii and is
living with me, her daughter. Her husband relocated to his hometown in California
10 months ago. They have been living separately without providing any financial
support to each other. Does my mother have any legal obligation to provide any
financial support to her husband under these circumstances?
Asked on April 13, 2018 under Family Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As a general matter, no--your mother does not have a support obligation to him unless they divorce and the divorce case is resolved by a settlement or court order requiring her to support him. The law does not involve itself in married couples' domestic or financial arrangments so long as they are married and does not mandate support during the marriage (with the exception below), but only generally gets involved when a marriage dissolves.
The law does, however, make a spouse pay for certain absolute essential costs. In today's world, as a practical matter, that is mostly necessary (non-elective or voluntary) medical care. If he runs up medical bills for necessary care while they are married (even if living apart), the medical care providers or insurers could try to recover those costs from her.
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