If I have been separated from my husband not yet divorced and living in another country is he still legally bound to provide me with financial support?

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If I have been separated from my husband not yet divorced and living in another country is he still legally bound to provide me with financial support?

I am completely bed ridden and cannot work to support myself and my 2 children who are currently staying with me, son (22 years) and daughter (18 years) who are still in college, hence unemployed. My husband says that he will not be providing us with any kind of financial support until the divorce is finalized, but we haven’t even started the procedure yet which as we know can take very long with me staying in another country at the moment. We cannot go any further without any kind of financial support.

Asked on May 16, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If there is a community property, then your husband has a fiduciary duty to let you have access to it. If no community property involved, then he is obligated to support only when you live together, under Family Code 4301. When you are separated by agreement, he has no obligation to support. What you can do is to file a divorce right away and request a spousal support.


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