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Can my wife get alimony?

San Diego, CA |
Filed under: Alimony

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?

Attorney Answers 2

Posted

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

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Posted

Mr. Gould-Saltman gave you very good advice. The only thing I would add would be to setup a consultation with a local family law attorney. Good Luck!

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