Does my mother have a legal obligation to help her husband financially under these circumstances?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption