San Jose, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: I am I have to pay alimony if my spouse lives with her parents?

We are divorcing because my wife wants her parents to live with us in one house, of course, I do not agree. Therefore we are splitting so that she can live with them.

My question now is: I am I have to pay alimony if my spouse lives with her parents?

By the way, she makes slightly more money than me.

We also have two kids- my 16 years old son will stay with me.

Thanks in advance.

1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: There are numerous statutory factors that go into the decision as to whether spousal support should be paid, in what amount and for what duration. If she is able to support herself and maintain the lifestyle to which the parties became accustomed during the marriage based solely on her own income, then you may not have to pay support. The fact that she will be living with her parents addresses her cost of living (not income) and ability to maintain a certain lifestyle. If you have custody of the minor child, that also impacts the issue of spousal support and child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.