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 Brina Waxman
Tobie Brina Waxman
Answered
  • 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.

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