I am going to File for Divorce and would like to know if I can collect collect spousal support if my ex hasn’t worked in some time

UPDATED: Sep 2, 2017

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I am going to File for Divorce and would like to know if I can collect collect spousal support if my ex hasn’t worked in some time

I am a 50 year old disabled
female. My only source of
income is SSI. I was married
13 years which my ex only
worked legally approximately
2 years of that. Can I still
request spousal support?

Asked on September 2, 2017 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he does not work, unless he has some other source of income larger than yours (e.g. income from investments or a pension), you are unlikely to get support. Support generally goes from the person earning more to the one earning less, and is related to the amount the other spouse earned and the lifestyle the couple lived. If he has only worked 2 of 13 years, or less than 15% of the time, unless he has significant non-work income, you are not likely to receive support.

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