Divorce Obligations

What is the name of your state? California

I am wondering what obligations a husband has to his wife if he decides to move out of the house, with the intent of divorcing her. If the husband has supported her for the full duration of time between when he left and when he filed, is he entitled to continue supporting her until the court date? Additionally would the house hypothetically be liquidated and the wife moved out of the house prior to the court date to prevent the husband from paying two mortgages? Thank you for any help you can provide!

Are there children ?
How long have they been married ?
Was the house purchased by both of them during the marriage ?
Do they both work ?
What is the difference in their incomes ?

What is the 'duration of time' from when he left and when he filed ?
How much has he been paying her ?

Are there children ? No
How long have they been married ? about 8-9 years
Was the house purchased by both of them during the marriage ? house was purchased by husband
Do they both work ? only husband works

What is the 'duration of time' from when he left and when he filed ? almost a year
How much has he been paying her ? he has been paying all of her expenses and bills plus what i would expect to be spending money

penguin2 said:

Are there children ? No
How long have they been married ? about 8-9 years
Was the house purchased by both of them during the marriage ? house was purchased by husband
Do they both work ? only husband works

What is the 'duration of time' from when he left and when he filed ? almost a year
How much has he been paying her ? he has been paying all of her expenses and bills plus what i would expect to be spending money

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Is the husband's name the only name on the deed to the house? Why doesn't the wife work? Is there a particular reason or is that how their marriage worked?

LdiJ said:

Is the husband's name the only name on the deed to the house? Why doesn't the wife work? Is there a particular reason or is that how their marriage worked?

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LOL!! You really crack me up sometimes LdiJ!!

The question is: "Why doesn't the wife work?? Is the a particular reason or is she lazy???

Bali Hai said:

LOL!! You really crack me up sometimes LdiJ!!

The question is: "Why doesn't the wife work?? Is the a particular reason or is she lazy???

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There are plenty of reasons why a wife might not work outside the home other than laziness. Taking care of children (not an issue in this case). Going to school. Supporting her husband in his career. Spending time with charitable organizations.

In our case, even though my ex would have made a good salary as a nurse, when you figured in all the extra expenses (child care, extra taxes, transportation, more meals away from home, cleaning lady, etc), her salary would not have made any material improvement in our finances.

If a couple chooses for one spouse to stay home (and, yes, I have a good friend where it's the husband who stays home), that's their decision and it's pretty juvenile to assume that it's laziness.

penguin2 said:

What is the name of your state? California

I am wondering what obligations a husband has to his wife if he decides to move out of the house, with the intent of divorcing her. If the husband has supported her for the full duration of time between when he left and when he filed, is he entitled to continue supporting her until the court date? Additionally would the house hypothetically be liquidated and the wife moved out of the house prior to the court date to prevent the husband from paying two mortgages? Thank you for any help you can provide!

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I have one general piece of advice. Don't make any major changes when considering divorce. Why do you feel that you need to buy a house now? With no children involved and a reasonably amicable split, you can expect your situation to get settled reasonably quickly. Is it really so bad that you have to jump into a new home purchase? You're going to end up paying most, if not all, of her living expenses in the meantime, anyway.

If you really have to get out of the house, take a short term rental somewhere. You don't want to get stuck with two mortgages.

The worst case scenario is this:
You move out and buy a house. She changes her mind and decides to stay in the house. Now, she goes to court and presents a very high monthly income need in order to cover the mortgage on the house plus living expenses. You could get stuck with much higher alimony than you would if you stay there.

mistoffolees said:

There are plenty of reasons why a wife might not work outside the home other than laziness. Taking care of children (not an issue in this case). Going to school. Supporting her husband in his career. Spending time with charitable organizations.

Any of these senarios would be a choice made by HER. These are things she did because she "wanted" to do them and not what she "had" to do. Going to school produces no income for the family, so why would she do that?? Supporting the husbands career argument is pretty lame these days and people just don't buy that crap anymore!!! Spending time with charitable organizations produces no income for the family. These are choices SHE made and now expects payment for them???

In our case, even though my ex would have made a good salary as a nurse, when you figured in all the extra expenses (child care, extra taxes, transportation, more meals away from home, cleaning lady, etc), her salary would not have made any material improvement in our finances.

If a couple chooses for one spouse to stay home (and, yes, I have a good friend where it's the husband who stays home), that's their decision and it's pretty juvenile to assume that it's laziness.

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Of course that is the argument that SHE will use to get alimony and is a very common lie among wives who just don't WANT to work, plain and simple!!

Bali Hai said:

Of course that is the argument that SHE will use to get alimony and is a very common lie among wives who just don't WANT to work, plain and simple!!

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Just as the 'lazy wife' argument is common among men who are so irresponsible that they'd do anything to evade their moral and legal responsiblities.

mistoffolees said:

Just as the 'lazy wife' argument is common among men who are so irresponsible that they'd do anything to evade their moral and legal responsiblities.

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The "moral and legal responsibilities" of men were created by a bunch of bra-burners and panty waist legislators who sold men out to get the women's VOTE!!

Bali Hai said:

The "moral and legal responsibilities" of men were created by a bunch of bra-burners and panty waist legislators who sold men out to get the women's VOTE!!

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Bali as much as it pains me to agree with mistoffolees due to his sarcastic disrespectful manner I have to agree with him. Or her. Though i am guessing him. The vast majority of legislators are men. I highly doubt many of them wear let alone burn bras.

Ohiogal said:

Bali as much as it pains me to agree with mistoffolees due to his sarcastic disrespectful manner I have to agree with him. Or her. Though i am guessing him. The vast majority of legislators are men. I highly doubt many of them wear let alone burn bras.

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Maybe not, but they sure as hell know where their VOTES come from!!

Bali Hai said:

Maybe not, but they sure as hell know where their VOTES come from!!

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You are telling me that men don't vote?

Ohiogal said:

You are telling me that men don't vote?

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Obviously not ENOUGH of them!!

Bali Hai said:

Obviously not ENOUGH of them!!

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do you vote??