Salt Lake City, UT asked in Divorce and Family Law for California

Q: can a woman who goes to school, get allimony from her husband, in a divorce?

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2 Lawyer Answers
T. Augustus Claus
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A: In California, spousal support, often referred to as alimony, is determined by various factors, with gender playing no role in the decision. Factors considered include the length of the marriage, financial needs and abilities of each spouse, standard of living, and contributions to the marriage. The court may also consider education and career goals. The aim is to ensure fairness and equity in support awards, irrespective of gender. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, alimony, also known as spousal support, is determined based on various factors, including the needs of the requesting party and the ability of the other party to pay.

The court considers the standard of living established during the marriage and the duration of the marriage, among other things. The fact that a spouse is attending school may be relevant in showing a need for support, especially if they are obtaining education to become self-supporting. However, simply attending school does not automatically entitle one to spousal support.

It's essential to demonstrate that there's a financial need and that the other spouse has the ability to pay. The court will evaluate the entire circumstances to make a fair determination. If you're considering seeking alimony, it's crucial to present a comprehensive picture of your financial situation and future prospects.

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