Spouses who seek to divorce are often faced with many emotional and practical decisions. Breaking up a family can be a very trying time for everyone involved. But there are issues that must be addressed, including financial matters that will likely affect the family's lifestyle going forward. For example, in California, courts have the discretion whether to order one party to pay for the support of the other, i.e., spousal support, for a certain period of time after the divorce. But keep in mind that spousal support is not mandatory. If you are considering a divorce, it is critical that you contact an experienced family law attorney from the San Diego area who can help to protect your financial interests in the outcome of the proceedings.
In a recent case, the court of appeals agreed with the trial court in its refusal to award spousal support to the wife. Here, the parties were married in 2005, had one child in 2007, and subsequently separated in 2011. The husband graduated from high school and works at a country club as a "starter." His earnings total between $3,000 and $3,200 per month, plus an annual bonus during the holidays. The wife has an Associate's degree in accounting. While she worked as an accountant at the same country club, she had to leave her position due to a significant illness that left her hospitalized and in a coma for a time.
During her hospitalization and then after she was released, the wife took high doses of narcotic painkillers. Just before the couple separated, the wife attacked the husband in a domestic violence incident. The court issued a two-year restraining order against the wife. At the divorce trial, the court awarded the husband sole physical custody of the child and denied the wife's request for spousal support. She appealed.