INQUIRER'S QUESTION: My wife abandoned me and our marriage, filed for divorce, and is asking for alimony. Can she get alimony if she makes more money than me? How can she sue me for alimony when she makes more money than I make?
MY ANSWER:
Your wife can request Spousal Support (Alimony) in her Petition, but that does not guarantee that the Court will award Spousal Support to her.
Since your wife earns more than you earn, you should request Spousal Support in your Response.
Whether you or your wife will be entitled to temporary or permanent Spousal Support will depend upon certain specific facts - Temporary Spousal Support would be per your county's temporary Spousal Support Guidelines, which are based on your income and her income, and permanent Spousal Support would be based on the factors addressed in Family Code Section 4320.
If your wife earns significantly more than what you earn, you may be entitled to an award of Attorney's fees.
You should promptly consult an experienced Family Law Attorney regarding your divorce case to ensure that you timely file a proper Response to the Petition (among other things), and you would best retain an experienced Family Law Attorney to represent you in your divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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