Legal Question in Family Law in California

Asking for Alimony

MY wife and I are married for 8 years. She is doing very well with her job and making 4x more than me. She plans to divorce me in the near future. My question is, can she ask alimony from me even though she's earning more than me? Can I, in turn, ask for spousal support? Please advise.

Asked on 5/05/05, 1:46 pm

1 Answer from Attorneys

A. Russell Martin Law Office of A. Russell Martin

Re: Asking for Alimony

You might be entitled to support if you are not able to independently maintain the marital standard of living despite full-time employment commensurate with your education and experience.

Courts generally use the following factors to determine the amount of support should be ordered:

the length of the marriage; what each person needs; what each person pays or can pay (including earnings and earning capacity);

whether having a job would make it too hard to take care of the child(ren); the age and health of both parties; debts and property; whether one spouse helped the other get an education, training, career, or professional license;

whether there was domestic violence in the marriage; whether one spouse's career was affected by unemployment or by taking care of the children or home; and the tax impact of spousal support.

I need a lot more information to properly evaluate your case. Feel free to call me at (415) 364-1604 if you need further assistance.


A. Russell Martin, Esq. (SBN 226244)

Law Office of A. Russell Martin

31 Reed Blvd., Suite 9D

Mill Valley, CA 94941

Phone: (415) 364-1604

Fax: (877) 481-0937

E-Mail: [email protected]


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Answered on 5/05/05, 11:17 pm

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