Q: In California does a male have the same rights to alimony and possessions if he is not working and she makes $100k+?

A: In California, the law regarding alimony and property division does not discriminate based on gender. As a male spouse, you have the same rights as your wife would in a similar situation. If you are not working and your wife is earning a significant income, the court may consider this disparity when determining alimony.

Regarding possessions, California is a community property state. This means that any assets acquired during the marriage are generally considered joint property and are divided equally in a divorce. However, personal belongings like clothes may be treated differently, especially if they are not of significant value.

Given your current situation, where you have been locked out and left without resources, it's crucial to respond to the divorce proceedings promptly. You may also consider seeking temporary orders from the court for spousal support and access to shared assets to address your immediate needs.

It's advisable to consult with an attorney who can guide you through the legal process, protect your rights, and help you navigate the complexities of your divorce, especially considering the disparity in income and your current lack of resources.

A: Yes. Alimony is assessed based upon primarily the requesting spouse's evidence of the need for the support and the other spouse's ability to pay the support. There may be other considerations depending on your circumstances. Whether she had the right to exclude you and remove your belongings from the premises and otherwise take control and possession of your phone and other personal belongings is another story and depends, in part, whether you are renting/leasing (if both on the agreement, both have rights of possession) or one or both of you own the property ( if both on title, as husband and wife, both have equal right of possession) if only one owns (then the owning spouse would have rights of possession). Your spouse nonetheless cannot just abandon you as you are husband and wife and that carries with it the responsibility to care for each other in time of need. If there is a disparity in income and she the ability to pay support and you the need, I would recommend that you file a response to the Petition (assuming she filed and you were served already) and file a REQUEST FOR ORDERS of support, return of your personal property she took that is your personal property (i.e. your phone) and all other appropriate relief you need. Easier said than done....... However, depending on what County you are in, some have self help programs that can show you how to navigate through the legal process. Bet of Luck