Can my wife get alimony if she makes more money than me? - Divorce Law Questions and Answers- LawQA.com

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Can my wife get alimony if she makes more money than me?

How can my wife sue me for alimony when she makes more money? And she left the marriage and me?

Michael Anthony Wing, P.C.
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Many things are possible in a divorce court because the judges rule based on what they think is fair or equitable. However, it sounds unlikely on your bare facts. Stay well.

Answer Applies to: Alabama
Replied: 5/4/2011

Answer By Patrick Curry
Law Office of Curry & Westgate
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It is doubtful that she can get alimony from you, but you might be able to get alimony from her.

Answer Applies to: California
Replied: 5/2/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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There is no alimony in Texas. I have written several times on issue of Temporary Spousal Support. That said, these rules are currently being investigated by the legislature and amendments are likely, the bill has passed the house which makes it easier to get.

BTW: the amount of money is earned is not the issue, it is the reasonable minimum needs of the person requesting the support that counts. So, with that in mind, if she earns more than you, it is highly unlikely.

Answer Applies to: Texas
Replied: 5/2/2011

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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In a divorce case either side can always ask for alimony. That doesn't answer the question of whether she will get it. The answer to that is "yes, she can ask", but not likely to win. It all depends on the overall financial facts and circumstances, including what each of you is actually earning compared to what you or she could be earning. The fact that she "left the marriage" really has no significance in deciding whether alimony (spousal maintenance) is appropriate.

Answer Applies to: Colorado
Replied: 5/2/2011

The Davies Law Firm, P.A.
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It does not sound like she can get alimony from you. I would need a lot more details to give you any advice, but that is the general rule. And there are probably a lot of other issues to talk over. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

Answer Applies to: New Jersey
Replied: 5/2/2011

Answer By Zephyr Hill
Goldberg Jones
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Very unlikely. She may have just checked the box requesting support following protocol.

Answer Applies to: California
Replied: 5/1/2011

Cody and Gonillo, LLP
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It does not appear that she is entitled to it under the fact you set forth.

Answer Applies to: Connecticut
Replied: 5/1/2011

Theodore W. Robinson, P.C.
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Generally, she cannot get maintenance (the same thing as alimony, just a different word) if she earns more than you. Good luck.

Answer Applies to: New York
Replied: 5/1/2011

Answer By Maury Beaulier
Beaulier Law Office
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Spousal Maintenance may be awarded where there is a financial need by one party and an ability to pay by the other. Though it is possible, it would seem unlikely that spousal support would be awarded given the facts stated.

Answer Applies to: Minnesota
Replied: 4/30/2011

Warner Center Law Offices of Donald F. Conviser
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She can request Spousal Support (Alimony) in her Petition, but that does not guarantee that the Court will award Spousal Support to her. Since she earns more than you earn, you should request Spousal Support in your Response. Whether either you or she will be awarded temporary or permanent Spousal Support will depend upon a number of specific facts - for temporary Spousal Support, your county's temporary Spousal Support Guidelines based on your income and her income, and for permanent Spousal Support, based on the factors addressed in Family Code Section 4320.

Answer Applies to: California
Replied: 4/30/2011

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