Legal Question in Family Law in California
Married for 4years 3months no kids, no property spouse wants alimony
Been married for 4yrs 3months wife wants alimony. She is able to work, she currently holds a bachalor degree working on her masters and teaching credital. With alimony she is also requesting me to pay for her consuling, she is claiming that are current situtation has caused her to seek consuling. During our marriage we seeked consuling, during our consuling the consulor stop seeing us together because my spouse had more issues than our marriage to deal with. She stop seeing because she felt he was picking on her and she was not willing to talk about that. Thank you.
2 Answers from Attorneys
Re: Married for 4years 3months no kids, no property spouse wants alimony
I guess your question relates to spousal support.
The court can impute income to her if it is convinced she could be doing something. She probably could take the C-BEST at this time, to teach. Retain counsel.
Re: Married for 4years 3months no kids, no property spouse wants alimony
In California, the statutory presumption is alimony for half of the length of the marriage. The actual number may be based on a theory called "marital standard of living", meaning that the lower-earner is entitled to maintain the standard of living of the marriage. The problem is that most people can't afford to keep that going when there's 2 households to support, rather than just one. The previous response is correct--see an attorney, at least for a consultation. Then you can determine whether the statutory presumption applies to your situation, what you might be up against in "marital standard of living" and decide what to do. Good luck!
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