Legal Question in Family Law in California

Divorce credits

Can a spouse ask for 'credits' of potential earnings if the other spouse, who promised to work during the marriage (even though they had a physical problem which did not impair them mentally) never works and never attmepts to work again? This is a long term marriage where the other spouse worked and made the majority of the income. I ask because after 911, fire-fighter's widows sued NYC for loss of potential earnings from the spouses who died and won their cases. What about spouses who 'promise to go back to work or re-train' and never did? Can they be sued and the other spouse get 'credits' for the potential earnings they 'could have made had they worked'? The non-working spouse had a very good job and chose to medically retire but never re-trained or attempted to work again and is now suing for spousal support from the one who did work. I think it's a valid argument to make. What do you say? Unfortunately, it was never put in writing but a much talked about subject during the marriage to the point that the working spouse 'discussed it with the non working spouse' and always got the same answer, yes, I'll re-train myself and then over time simply stopped discussing the issue. Help.

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