Can a Husband Receive Alimony from His Wife in California?

During and after a divorce, a family court judge may consider whether alimony is appropriate for either spouse. Although spousal support is often associated with parents made to the wife, state law makes no preference when it comes to gender. If you are going through a divorce in California, you may be wondering, “Can a husband receive alimony from his wife in California?”

What Do Judges Consider When Weighing Alimony?

Judges can evaluate a range of financial and practical factors when determining spousal support.

The median household income in California is $100,149, and income is one of many potential factors a judge can consider when setting alimony. Beyond earning capacity, a judge may consider the ability of each party to maintain the standard of living established during marriage.

Other factors may include:

• The length of the marriage
• Each spouse’s earning capacity
• Age and health of each party
• Contributions made to education or career advancement
• Periods of unemployment for domestic responsibilities
• Division of assets and debts
• The ability of each spouse to become self-supporting within a certain time

In 2023, law enforcement across the state received more than 160,000 calls reporting domestic violence. California Family Code § 4325 creates a presumption against awarding spousal support to a spouse convicted of domestic violence within five years of a divorce filing. Courts generally prohibit support to the convicted spouse and may require attorney’s fees to be paid from shared assets.

The injured spouse can request an earlier separation date tied to the abuse. This presumption can be challenged with evidence, including a history of abuse by the other spouse. Courts may also award a larger share of retirement benefits to the injured spouse. As with many parts of family law, judges work within guidelines and have discretion to make decisions based on the specific facts of each case.

How a Husband Could Receive Alimony

The divorce rate in California is 5.88 per 1,000 residents in a typical year, and both male and female spouses may be eligible for spousal support. A husband may receive alimony if he demonstrates financial need and his spouse has the ability to pay. The judge overseeing a case may look at disparities in income and whether one spouse relied on the other during the marriage for financial support.

For example, if a husband paused his career to support the household or raise children, that may weigh in favor of support. These situations arise in communities across Orange County, including Irvine, Santa Ana, and Huntington Beach. Local cases are often handled at the Lamoreaux Justice Center, which is located at 341 The City Drive South in nearby Orange.

Why You Should Hire an Alimony Lawyer From Quinn & Dworakowski, LLP

Whether you are going through a divorce in Irvine’s Woodbridge neighborhood, Floral Park in Santa Ana, Huntington Harbour, or elsewhere in California, your top priority should be to hire an alimony lawyer who understands California’s alimony laws and how to properly manage your spousal support case.

When you work with the right spousal support attorney, you gain the steady support of an advocate who understands the steps that are needed to achieve your goals in court. When spouses in California need unwavering support in family court, they know to trust the legal team at Quinn & Dworakowski, LLP. Our law firm brings more than 150 years of combined experience to spousal support matters.

One of our lead Orange County family law attorneys can take the time to learn about your goals before tailoring the right strategy to your case. We are proud to have been named “The Best Lawyers in Orange County” by Orange Coast Magazine. When you work with our law firm, you partner with a team that has numerous Certified Family Law Specialists.

FAQs

Can You Get a Divorce Without Paying Alimony in California?

Yes, many divorces end without a judge ordering alimony as part of the final agreement. When both parties are financially independent and able to support themselves after the divorce, there would likely be little to no lawful basis for seeking spousal support. Any party seeking alimony would need to demonstrate that they are financially dependent on their spouse and unable to earn a sufficient income on their own.

What Qualifies a Spouse for Alimony in California?

A spouse may qualify for alimony by showing financial need and that the other spouse has the ability to pay. A judge overseeing a specific case may review factors like income, earning capacity, and the standard of living established during the marriage. They may also consider contributions made to the household, including time spent raising children.

What Is the Average Alimony Payment in California?

There is no set “average” alimony payment in California because each case is decided on its own merits and facts. Courts consider income differences, financial needs, and the length of the marriage when determining support. Temporary support may follow general guidelines, but long-term support is often more flexible and tailored to the circumstances of each spouse and the overall financial future.

What Is the 10-Year Rule for Alimony in California?

In California, a marriage lasting 10 years or more is typically considered long-term. This does not guarantee permanent support, but it allows the court to keep jurisdiction over the case. Judges may choose not to set a fixed end for alimony and can modify or extend support later based on changes in income, employment, or other relevant circumstances.

Start Planning for the Future Today With Support From Quinn & Dworakowski, LLP

Going through a divorce can leave you feeling uncertain about your financial stability. Whether you are seeking divorce or preparing to resist your soon-to-be ex’s request for alimony, the family law attorneys at Quinn & Dworakowski, LLP, are prepared to provide you with the support and advocacy your case deserves.

Our top-rated family law attorneys are skilled litigators who have earned the highest ratings possible by Avvo, along with numerous awards by Super Lawyers. When you work with our legal team, you gain the support of advocates who will not compromise on your top priorities. Contact our office today to schedule your consultation so you can benefit from the focused legal support your case deserves.