Does my fiancée's ex wife have rights to spousal support after 3 years? And once we get married will I have to pay as well?

Alimony 3 views 3 answers
My fiancé and I are planning on getting married next year. But my Fiancée's ex wife reserved her right for spousal support. I'm afraid she's waiting until we get married to file for the support. They were married for 13 years, but they were off and on through out the years, and she even had another child by someone else during the marriage. I heard that once we get married and if she files I will be obligated to pay as well. She has a job and is working full time, she also has her mother living with her in her house as well as her brother. She holds a degree for a nurse assistant but chooses not to use it and work a minimum paying job. Is this true, will have to pay alimony or spousal support too? How can we protect ourselves from her wanting our money?

Attorney Answers

3
Edna Straus ·
No, you don't have to pay his spouse. You both need to educate yourselves.
0 upvotes
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
As long as your fiancée is gainfully employed comparably to her past employment the Court should have no basis for looking past her earnings to yours for determining your fiancée's X's support.
0 upvotes
Andrea WhitehillBankruptcy AttorneySan Diego, CA ·
Ordinarily, remarriage of the "obligor" spouse in and of itself is not considered a "substantial change of circumstances" that would give rise to a modification of spousal support. However, if there were other substantial changes from when the judgment was entered the new spouses contributions that reduce h living expenses can be considered as one of the factors of ability to pay, just as all those people who live with her and contribute to her living expenses would impact on her ongoing need. This is a very complicated area of the law, which would require a weighing of all of the factors set out in California Family Code section 4320, so if she does file a request for spousal support you should hire an attorney who regularly practices family law to represent your fiance.
0 upvotes

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