Am I obligated to pay for alimony? 3 Answers as of July 29, 2011

So I am in the us Army and going through a divorce. I am married through the state of California. My soon to be ex-wife makes more than I do and is now requesting alimony. Is that even possible since I am giving her all the marital assets in the divorce?

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Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
No. Alimony is based on a disparity in incomes between the parties. If your wife makes more than you do, there cannot be an award of spousal support.
Answer Applies to: California
Replied: 7/29/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If your spouse makes more than you, it is unlikely that she would be awarded alimony. If there are children and she has primary custody, she would be entitled to child support. You should seek the assistance of an attorney to assist you in protecting your interests during your dissolution.
Answer Applies to: California
Replied: 7/29/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are not obligated to pay alimony unless or until a Court orders you to pay alimony. You should retain an experienced Family Law Attorney in the county in which the divorce case is filed, to respond to the Petition and contest your wife's request for alimony, and perhaps to request alimony from your wife. If your wife earns more than you do, it is she who should have the spousal support obligation, not you. To prevent risk of your wife misrepresenting your income to get spousal support, you should be represented by an experienced Family Law Attorney in your divorce. Also, community assets should be split 50/50.
Answer Applies to: California
Replied: 7/28/2011
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