Can my wife get alimony if she makes more money than me? 16 Answers as of May 05, 2011

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

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
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: 5/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
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: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
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: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
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: 5/3/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
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: 5/3/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Very unlikely. She may have just checked the box requesting support following protocol.
    Answer Applies to: California
    Replied: 5/2/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    It does not appear that she is entitled to it under the fact you set forth.
    Answer Applies to: Connecticut
    Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    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: 5/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    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
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    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: 5/1/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It doesn't matter who left who. However, if your wife earns more than you, which you can document, then it is highly unlikely she will be granted a support award by a court.
    Answer Applies to: California
    Replied: 5/1/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington alimony is known as maintenance. Maintenance is awardedbased on many factors, two of the most important are need and ability to pay. I suppose, theoretically, even if your wife made more money than you she might still have the need for maintenanceand youmight have the ability pay, but it does sound unusual. The fact she left you is irrelevant legally. Good luck.
    Answer Applies to: Washington
    Replied: 5/1/2011
    Kaczmarek Law Firm, LLC
    Kaczmarek Law Firm, LLC | Bridgette D. Kaczmarek
    Spousal maintenance is based on financial need when awarded on a temporary basis. Permanent maintenance has a set of criteria that need to be followed in order to establish whether it will be awarded. If your wife makes more money than you (gross income, not net) then she would probably not be entitled to spousal maintenance. It is hard to say for certain without reviewing all of the parties financial statements. As for who left whom and why, that is irrelevant to the court.
    Answer Applies to: Colorado
    Replied: 5/1/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    She will most likely not get alimony if she has *always* made more money than you. However, there are other factors that come into play. There is an article on my website that discusses Massachusetts Alimony law. If she has filed a divorce complaint against you requesting alimony, then you should retain a divorce attorney asap to file an answer and counterclaim (within 20 days of service) in order to establish your position against this request and any others that you object to.
    Answer Applies to: Massachusetts
    Replied: 5/1/2011
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