My wife and I were married for a short time of 2 1/2 years in california. I am currently paying child support but now she wants alimony. She does work part-time and can cover her bills. Is there a reason to give her alimony? Also i was told that in california if the marriage is less than three years there is no alimony awarded. Is that fact or fiction?
Family Law Attorney
The answer as it often does, turns out to be "it depends"; it's neither an automatic "yes" nor an automatic "no". There is no hard-and-fast rule regarding spousal support in California*; there's a long list of factors which the court is required to consider. The first three things which the court considers are:
1. The earnings ands income, and the earning ability of the parties;
2. the financial need of the parties, consistent with the life-style during the marriage; and
3. the length of the marriage.
While it is unlikely that your wife would be awarded long-term spousal support after a two-and-a-half-year marriage, it is also entirely possible that she might be awarded some spousal support for a specific (and relatively short) period of time, in effect to "get her on her feet", depending on the other financial circumstances.
*except that the Court can't order spousal support past remarriage of the supported spouse, or death