Now divorcing after separating, how is support determined

[beavaldesp]

My brother lives in California, has been married for 10 years, his wife moved out after 3 years, she is now filing for divorce and wants spousal support. He does not feel she deserves this. She has had little contact with him for the past 7 years. They have no children, she has a grown child from a previous relationship. What should he do to protect himself from paying support and preventing her from collecting his social sercurity?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I don't know about alimony, but under California community property laws, she is entitled to a portion of their marital estate and his income and retirement. That portion being those three years they lived as husband and wife. He has to show they lived separate and apart with no possibility of reconciliation for those seven years.