What if you are more financially capable of your partner? 60 Answers as of May 29, 2013

I want to know if I still get alimony despite having a better financial condition than my husband.

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John Russo | John Russo
If you make more them him why do you, or should he, have to pay to support you. In most States alimony is for rehabilitative purposes, i.e. to help the other out until they can support themselves. It is not forever, and it is not for punitive reasons.
Answer Applies to: Rhode Island
Replied: 8/13/2012
Evan Guthrie Law Firm
Evan Guthrie Law Firm | Evan Guthrie
If you have more assets and earning capacity it is unlikely that you will get alimony in a divorce proceeding.
Answer Applies to: South Carolina
Replied: 8/13/2012
Law Office of Gregory Crain | Gregory Crain
No.
Answer Applies to: Arkansas
Replied: 5/29/2013
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
Alimony is based on: 1) need of recipient; and 2) ability for payer to pay alimony. If you are in a better financial situation than your spouse, in most circumstances in RI, you will probably not be obtaining an order to receive alimony.
Answer Applies to: Rhode Island
Replied: 7/27/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
The award of spousal support is based upon an analysis of the income and expenses of each party and the needs of each party in the case. Where there is a difference that establishes that the female spouse is a larger earner than the male spouse there are decided cases supporting and award to the male spouse. If there is a disparity in the earning capacity based upon educational differences the court may be willing to award rehabilitative spousal support for a limited period of time to permit the less educated spouse to learn the necessary skills that are needed to make each of the parties self sufficient and not dependent on the earnings of the other ex-spouse to survive.
Answer Applies to: Michigan
Replied: 7/26/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    I would say that the chances are very slim that you would be entitled to alimony in your situation. Alimony is usually for the purpsoe of allowing a spouse to be able to get back on her feet after a marriage has dissolved, or to keep a spouse living at the standard to which they became accustomed to living. If your financial situation is better than your spouse's financial situation, then I'd say the chances are that alimony would be denied to you. You may get other support, such as child support, but I doubt alimony.
    Answer Applies to: Mississippi
    Replied: 7/26/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No. That would be highly unlikely. Alimony is based on need and ability to pay, and it is possible that he may be entitled to alimony from you if you are in a significantly better financial position than he is. You should consult with an attorney before making any decisions.
    Answer Applies to: Florida
    Replied: 7/26/2012
    Law Office of James Bordonaro
    Law Office of James Bordonaro | James Albert Bordonaro
    Alimony is based on need of the spouse to maintain their standard of living or to improve their education to get a better job that will provide for a similar level of standard of living during the marriage. Alimony is also based on the other spouse's ability to pay and factors in other aspects, primarily, the length of marriage, but also education, age, job prospects, and overall financial condition of the parties.
    Answer Applies to: Kansas
    Replied: 7/24/2012
    Mike Yeksavich | Mike Yeksavich
    Alimony can be tough to justify. It can be thought of as a need resulting from the marriage versus ability to pay. Confer with an attorney about the details.
    Answer Applies to: Oklahoma
    Replied: 7/26/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    No. The criteria for alimony are: (1) the reasonable financial needs of the recipient based on the life style established during the marriage; (2) the ability of the recipient to pay for those financial needs; (3) and, if recipient cannot pay all of the financial needs, the ability of the payor to pay the difference. Alimony is generally limited to no more than the number of years of the marriage.
    Answer Applies to: Utah
    Replied: 7/26/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    If you make more income than your spouse, it is unlikely you would be entitled to maintenance or alimony. In Missouri, maintenance is called for where one spouse is unable on their own to meet their own reasonable financial needs. Even so, maintenance will not be ordered unless the other spouse has the ability to pay toward the other's maintenance AFTER meeting their own reasonable financial needs. This is an issue where an experienced family lawyer will be very helpful.
    Answer Applies to: Missouri
    Replied: 7/26/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Spousal support is granted only if one of the spouses had need for it due to disabilty.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    Alimony (spousal maintenance in MN) is decided in MN through a list of factors. In most cases where the parties make the same amount of money, alimony is not likely to be granted. If you make more, then your husband can also equally request alimony from you. Alimony is there for the person who needs it be they husband or wife.
    Answer Applies to: Minnesota
    Replied: 7/26/2012
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    Spousal maintenance, as well as the division of assets and liabilities, is a complex determination that requires much greater detail than the information you've provided. Spousal maintenance (aka alimony) is generally provided to the spouse who has the need for such support with the paying spouse having the ability to make such payments. Again however, this is a key complex issue is many dissolution.
    Answer Applies to: Washington
    Replied: 7/26/2012
    Law Offices of Frances Headley | Frances Headley
    No, spousal support [alimony] is based on need. These rules are different than those for child support.
    Answer Applies to: California
    Replied: 7/26/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    You have not provided enough information for an informed opinion, however, from your question, i would imagine that you would have a difficult time. In fact, you may have to pay him spousal maintenance.
    Answer Applies to: Arizona
    Replied: 7/26/2012
    Law Office of Joan M. Canavan | Joan Canavan
    Alimony is based on the nededs of the recipient part and the ability to pay by the payor. If you make more money than your spouse and have a better financial position than your spouse, it would be difficult for you to get alimony.
    Answer Applies to: Massachusetts
    Replied: 7/26/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It is not likely. Usually support is for the partner that is less financially stable. If you are more financially stable, then it does not appear that you would be entitled to receive support from him. To the contrary, he might be entitled to receive support from you.
    Answer Applies to: California
    Replied: 7/26/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Probably not. He might be entitled to get alimony from you.
    Answer Applies to: Michigan
    Replied: 7/26/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It is virtually impossible to answer your question. You give only one fact, and you are assuming you will qualify for and get Spousal Support. "Alimony" is unconstitutional in Texas, so we never use that word, though Spousal Support is very similar in nature - it is also selfishly guarded, difficult to get and limited to the lesser of 20% of the payor's net resources and the Payee's "Reasonable Minimum Needs" and even then it is limited in time. In short, DO NOT ASSUME YOU WILL GET ALIMONY IN TEXAS, 99% CHANCE YOU DO NOT EVEN GET TO ASK. By the way, the very fact you are asking here tells me you have no lawyer and I can state with confidence, no lawyer means no alimony. If you think you will qualify, you need a lawyer to help you get it.
    Answer Applies to: Texas
    Replied: 7/26/2012
    The Law Office of Eric J Smith
    The Law Office of Eric J Smith | Eric Smith
    There is no such thing as alimony in Texas. There is limited spousal support in special circumstances. If you worked to put your spouse through college, for example, you may get spousal support.
    Answer Applies to: Texas
    Replied: 7/26/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    There is no magic formula for alimony. It is determined on a case by case basis and the domestic relations judge has a wide range of discretion in determining an amount and appropriateness for alimony. There are factors which include income comparisons as well as potential for future earnings. The length of the marriage is also a factor as is the reason for the divorce (ie- no fault v. a fault ground divorce like adultery for example). That being said..... if you are more financially set than your spouse, it would be unlikely for you to expect long term alimony without an examination of the other factors.
    Answer Applies to: Alabama
    Replied: 7/26/2012
    Milek Law Firm
    Milek Law Firm | Mary Elizabeth Milek
    Given your statement, he would be more likely to receive alimony than you would.
    Answer Applies to: Mississippi
    Replied: 7/26/2012
    Victor Varga | Victor Varga
    No...alimony is based upon financial situation and ability to pay. If you make more money, then you will not likely be entitled to alimony, in fact, depending on how much more you make, you may have to pay him alimony.
    Answer Applies to: Maryland
    Replied: 7/26/2012
    The Law Firm of Sarver & Guard, LLC
    The Law Firm of Sarver & Guard, LLC | Lauren Sarver
    Final spousal support requires the financial need of the receiving spouse and the ability of the paying spouse, as well as lack of fault in divorce by the receiving spouse. It is highly unlikely you'll be getting spousal support.
    Answer Applies to: Louisiana
    Replied: 7/26/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, generally, there are a number of statutory factors which you should discuss with your divorce attorney. Good luck.
    Answer Applies to: Georgia
    Replied: 7/26/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    No. Although there are a number of criteria used to determine alimony, the first question is your need. If you earn enough to support yourself, you are not entitled to alimony. Generally speaking, if you earn more than your husband, the judge will not award alimony to you, unless there is an unusual circumstance involving your husband where he is temporarily earning less than he normally earns.
    Answer Applies to: Florida
    Replied: 7/26/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First of all, Spousal support, also known as alimony, is not always awarded. If it is awarded it can be awarded to either spouse when the court finds that there is a need for financial support based on a number of factors set out in state statutes. It would be unlikely to have a court award spousal support to the party that had the higher earnings.
    Answer Applies to: Minnesota
    Replied: 7/26/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In order to be awarded spousal maintenance, you have to be able to show (among other things): 1) that you need assistance meeting your reasonable needs, and 2) that the other party is able to provide that assistance and still meet his/her own reasonable needs. Generally speaking, the spouse who is better situated financially does not have an entitlement to spousal support and should not ask that it be awarded.
    Answer Applies to: Arizona
    Replied: 7/26/2012
    Ezim Law Firm | Dean Esposito
    Probably not, we would need to compare your debt and expenses compared to his, and whether either of you has any money left at the end of the month after paying monthly expenses.
    Answer Applies to: Louisiana
    Replied: 7/25/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    In Alabama alimony is typically only considered after 10 years of a marriage and absent a prenup. You will need an attorney that is well-versed in family law to get alimony.
    Answer Applies to: Alabama
    Replied: 7/25/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Alimony is rare these days.
    Answer Applies to: Alabama
    Replied: 7/25/2012
    Patterson Johnson-Stovall & Crenshaw PLLC | Joyce Johnson-Stovall
    The rules are quite specific. Read Arizona Revised Statutes Title 25, section 319.
    Answer Applies to: Arizona
    Replied: 7/25/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If you are in a better financial condition than the husband, you may have to pay alimony to your husband. It depends upon a number of factors.
    Answer Applies to: Florida
    Replied: 7/25/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Alimony if granted is base on the life style of the parties while married. If the life style of one parties would change greatly for a lesser life style due to the finances, then that party may be able to get alimony in a divorce, depending on the length of the marriage.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    No.
    Answer Applies to: Iowa
    Replied: 5/29/2013
    Danville Law Group | Scott Jordan
    Unlikely. In fact, you may owe support if your partner demands it.
    Answer Applies to: California
    Replied: 7/25/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    Alimony depends on many factors, but if you make more than your husband, it is unlikely that you'll receive an award of alimony from him.
    Answer Applies to: Utah
    Replied: 7/25/2012
    Peyton and Associates | Barbara Peyton
    Alimony called spousal support in California is based on the income of both parties. If you make more than your spouse, you might have to pay him spousal support. It all depends on how much of a discrepancy there is between your incomes. I suggest you have a consultation with a family law attorney before proceeding so you have a better idea of where you stand.
    Answer Applies to: California
    Replied: 7/25/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Probably not because spousal maintenance (alimony) is decided based on balancing need against ability to pay. If you don't need it, you can't get it.
    Answer Applies to: Colorado
    Replied: 7/25/2012
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    In California the party that makes more money will usually have to pay the other spousal support.
    Answer Applies to: California
    Replied: 7/25/2012
    Nwokoye Law Firm
    Nwokoye Law Firm | Violet Nwokoye
    State of Texas has no alimony, spousal support are ordered for the benefit of the lower earner or a spouse needing to get on their feet for a stated period of time.
    Answer Applies to: Texas
    Replied: 7/25/2012
    Dorothy Spinelli, PC | Dorothy Spinelli
    Alimony is based on need and ability to pay in GA Once someone earns in the area of $35,000 to $40,000 courts typically don't find a need for alimony and the one paying must have the income to pay. Good Luck to you.
    Answer Applies to: Georgia
    Replied: 7/25/2012
    Steven Alpers | Steven Alpers
    Support is based upon your earnings compared with your husband's earnings. It is possible for him to request support and for the court to order you to pay.
    Answer Applies to: California
    Replied: 7/25/2012
    Attorney At Law | Harry D. Roth
    Spousal support is not gender based. It can flow in either direction but is absolutely based on income. Not only will you not receive support, you may well have to pay it.
    Answer Applies to: California
    Replied: 7/25/2012
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    If you make more money than he does, you will not get spousal support. He might.
    Answer Applies to: California
    Replied: 7/25/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    If you make more money that your husband you will probably not get alimony. I heard a family court judge boil alimony down to balancing need against ability to pay.
    Answer Applies to: Nevada
    Replied: 7/25/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Probably not. Spousal support is gender neutral, so it is paid to the lower wage earner by the higher earner.
    Answer Applies to: California
    Replied: 7/25/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    It is unlikely that you will get alimony if you are in a better financial condition than your husband.
    Answer Applies to: Michigan
    Replied: 7/25/2012
    Durkin & Graham, P.C.
    Durkin & Graham, P.C. | Joan Durkin
    No. It is rare when spousal support is awarded. If you were a stay at home parent by agreement and it will take you years to re-enter the workforce etc.. that is when you would get support. Does not sound like you need spousal support.
    Answer Applies to: Texas
    Replied: 7/25/2012
    Law Office of Matthew Z. Martell, P.A.
    Law Office of Matthew Z. Martell, P.A. | Matthew Z. Martell, Esq.
    No. If you make more than him, then you will not receive alimony from him. If anything, he could possibly receive alimony from you. However, as a practical matter, this is highly unlikely.
    Answer Applies to: Florida
    Replied: 7/25/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    If you reached an agreement for maintenance (alimony) it is contractual and can be modified only by agreement of the parties; the Court no longer has jurisdiction to change the agreement. Therefore, you would still receive the maintenance even if your financial situation changed. If the maintenance was Court Ordered after a trial and not by agreement, the Court maintains jurisdiction to modify maintenance based on changes in the parties' financial situation.
    Answer Applies to: Colorado
    Replied: 7/25/2012
    Salladay Law Office | Lance Salladay
    No.
    Answer Applies to: Idaho
    Replied: 5/29/2013
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washington state law, "alimony" (called 'spousal maintenance') is gender neutral. Whether and to what extent it is awarded depends on a number of statutory factors that the court must consider. However, normally, the person who will be in the better economic position after divorce is finalized will pay "alimony" to the other party of lesser financial means. Thus, you MAY have some exposure for paying alimony to your former husband.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    The answer to that is likely not. If you can maintain your standard of living, you do not require alimony. Certainly, if he cannot pay, you will not be awarded alimony; hence, the chance is low.
    Answer Applies to: Wisconsin
    Replied: 7/25/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Alimony (or Maintenance in Wa. State) is predicated on need and ability to pay. If you have no need for maintenance because you make more than he and he does not have the ability to pay, it is unlikely that you would be awarded maintenance.
    Answer Applies to: Washington
    Replied: 7/25/2012
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    Chances are that you may have to pay him support.
    Answer Applies to: California
    Replied: 7/25/2012
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