QUESTION
Do you think I can receive alimony if she makes more money than I did?
Asked on Oct 08th, 2013 on Divorce - California
More details to this question:
My wife is filing for divorce. I’m self employed. We have been married for 28 years on average. When divorced, I will lose $2000 a month household income, health, vision and dental insurance along with a pension that she will receive.
7 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with an experienced family law attorney in your area. That attorney would be current on the statutes and rules for dividing property, including pensions, and the how the local courts treat a spousal maintenance request.
Answered on Oct 10th, 2013 at 10:43 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Depends on your need.
Answered on Oct 09th, 2013 at 4:49 PM
Yes, it is possible. You should consult a family law attorney or facilitator to run the numbers through the computer program and advise you how to proceed.
Answered on Oct 09th, 2013 at 11:47 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In theory, there is no difference between whether one gets alimony because of one's sex/gender. In practice, most judges in Utah (whether men or women) see wives as people who are helpless and financially dependent on their husbands, and see husbands as self-reliant jerks who "owe" their wives a living, even after they become ex-wives. Judges will deny this bias, but most of them (not all) are lying when they do.
Answered on Oct 09th, 2013 at 9:00 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It is impossible to say whether or not you would receive support without looking at the specific income of each party, but spousal support is gender neutral, so the lower wage earner, either male or female, is entitled to support.
Answered on Oct 09th, 2013 at 3:52 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, Spousal Support may be awarded to the lesser earning spouse if the difference is earnings is large enough. The temporary award will be computer based, but any permanent award will require a Judge to hear about the standard of living during the marriage, your earning potential, and your spouse's earnings. The sex of the lesser earning spouse is irrelevant.
Answered on Oct 09th, 2013 at 3:45 AM
spousal support previously known as alimony - is based on an equalization of both parties' incomes. If your wife's pension was earned during your marriage it is community property I strongly urge you to meet with a family law attorney in your community to get a better picture of your rights and duties in a divorce case.
Answered on Oct 09th, 2013 at 3:44 AM