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Wife breadwinner wanting Divorce, how should I protect myself?

Orinda, CA |

I am a wife interested in a divorce.
I have been married to this man for ten years, we have two children.
My husband historically has never been able to make more than 20k per year.
I make around 150k per year.
We have debts that I a paying off.

If I am interested in a divorce, how do i need to protect myself.
I assume I will have to pay alimony because I make more money.
Is that true?
What is the best I could expect?

Attorney Answers 3


  1. Best answer

    You do not indicate the age of you or your husband, there are quite a number of components that have to go into the final equation in regard to spousal support. Your projection of the parenting plan would be very helpful; as it could be a major component of the final determination of the total support award. Family Law, not considering the child support elements and focus on spousal support which would be adjusted by whatever child support is awarded; the court calculates support on the Dissomaster program. It seems relatively unconceivable why your husband could not earn over $20,000 per year if he has any talents, skills, efforts, or desire whatsoever. Because of his discretionary income, if he fails to seek out gainful employment where he can make some money, you may have to get a court order to have him attend a vocational evaluation where a professional will evaluate his potential skills and how much money he could earn in the future if he applied himself. With your facts, this action may be necessary.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  2. While there are other factors that contribute to the calculation of spousal support, income is a primary factor. Depending on the custody agreement, you may also have to pay for child support. Your best strategy is to hire an attorney to represent you and make sure that your assets and rights are well protected. Best of luck.


  3. Agreed. Most likely the roles in this situation would be reversed. You will take on the role of the primary breadwinner whereas your husband would be the dependent. You'll probably end up paying him maintenance and child support. Get a lawyer, and have them aggressively fight to protect your interest to minimize what you'll have to pay.

    Good luck.

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