My wife and I are getting divorced. She is asking for spousal support. we were married for 4 years during which I had no income for 3 years and 3 months because I was a full time student. My wife didn't work because she was on disability. She did not support me during school. school and living expenses were paid through student loans. For the last 9 months of the marriage I worked making 60,000/year as an RN and she continued to be unemployed although she has the same earning potential as an RN and still does, but chooses not to work. Does she have a basis for recieving spousal support?
Answer
She may be entitled to short term spousal support considering the length of your marriage and standard of living for most of the time you were married. The court would be responsive to your request to impute income to your wife if she refuses to work and there are actual positions available for her.
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