Alimony

[logismos]

What is the name of your state? California

I want to file for divorce and my wife knows. I started to file, but decided to get counseling one more time. The psychologist has indicated that he believes that my wife has Borderline Personality Disorder. One of my sons (19 years) has been diagnosed as having Bipolar Disorder. My wife’s brother and sister have been diagnosed as having a mental illness. My wife works as a manager in a retail chain and makes $54K per year. She has a high school education. I have a BS and work as a manger in a large business making $70K per year. Will I have to pay alimony because I make more than my wife? Also, will the mental illness work in my wife’s favor in a divorce, or not. I don’t plan to bring it up, but should it be an issue in the divorce?

 

[LdiJ]

What is the name of your state? California

I want to file for divorce and my wife knows. I started to file, but decided to get counseling one more time. The psychologist has indicated that he believes that my wife has Borderline Personality Disorder. One of my sons (19 years) has been diagnosed as having Bipolar Disorder. My wife’s brother and sister have been diagnosed as having a mental illness. My wife works as a manager in a retail chain and makes $54K per year. She has a high school education. I have a BS and work as a manger in a large business making $70K per year. Will I have to pay alimony because I make more than my wife? Also, will the mental illness work in my wife’s favor in a divorce, or not. I don’t plan to bring it up, but should it be an issue in the divorce?

Alimony is unlikely in your case because you both make substantial incomes that aren't that far apart. I also doubt that your wife's mental illness will have any bearing on the divorce either.

 

[I AM ALWAYS LIABLE]

My response:

A spousal support award is not mandatory in dissolution or legal separation proceedings. Quite the contrary, courts have discretion (within statutory parameters) to deny spousal support altogether or to limit it in an amount and duration that reflects the ability of both parties to provide for their own needs. [Marriage of Pendleton & Fireman (2000) 24 Cal.4th 39, 52, 99 Cal.Rptr.2d 278, 288]

The propriety of a spousal support award (whether to order it and, if so, its terms) is judged broadly by the parties' "circumstances" in reference to the standard of living established during their marriage and their respective needs and abilities to pay. [Ca Fam §§ 4320, 4330(a); Marriage of Meegan (1992) 11 Cal.App.4th 156, 161, 13 Cal.Rptr.2d 799, 801]

Broad court discretion:
The court is bound to consider 14 statutory factors (Ca Fam § 4320(a)-. But so long as the statutory factors are considered and weighed (as applicable in a given case), the ultimate decision--as to amount, duration and whether to retain spousal support jurisdiction--rests within the court's broad discretion. [Marriage of Smith (1990) 225 Cal.App.3d 469, 479-480, 274 Cal.Rptr. 911, 916 (citing text); see Marriage of Weinstein (1991) 4 Cal.App.4th 555, 563-564, 5 Cal.Rptr.2d 558, 561-562 (citing text); Marriage of Huntington (1992) 10 Cal.App.4th 1513, 1521, 14 Cal.Rptr.2d 1, 6 (citing text)]

Such discretion is essential "in order to fairly exercise the weighing process contemplated by [the Code], with the goal of accomplishing substantial justice for the parties . . ." [Marriage of Smith, supra, 225 Cal.App.3d at 481, 274 Cal.Rptr. at 917; see Marriage of Kerr (1999) 77 Cal.App.4th 87, 93, 91 Cal.Rptr.2d 374, 377]

Temporary spousal support may be ordered in "any amount" based on the moving party's need and the other party's ability to pay. [Ca Fam § 3600(a); Marriage of Wittgrove (2004) 120 Cal.App.4th 1317, 1327, 16 Cal.Rptr.3d 489, 496; Marriage of Dick (1993) 15 Cal.App.4th 144, 159, 18 Cal.Rptr.2d 743, 751]

In fixing a temporary spousal support amount, trial courts are not restricted by any set of statutory guidelines. Subject to the general yardstick of "need" and "ability to pay," the amount of the award lies within the trial court's sound discretion and is reversible on appeal only on a showing of clear abuse of discretion. [Marriage of Wittgrove, supra, 120 Cal.App.4th at 1327, 16 Cal.Rptr.3d at 496; Marriage of Murray (2002) 101 Cal.App.4th 581, 594, 124 Cal.Rptr.2d 342, 351]

Maintaining "status quo" as benchmark:
Most appropriately, trial courts look to the parties' accustomed marital lifestyle as the benchmark for a temporary spousal support award. This approach facilitates the purpose of pendente lite spousal support--maintaining the parties' living conditions and standards in as close to their preseparation "status quo position" as possible pending trial and a division of their assets and obligations. I.e., a § 3600 award is utilized to assure a spouse substantially the same living conditions to which he or she has been accustomed pending final judgment. [Marriage of Winter (1992) 7 Cal.App.4th 1926, 1932, 10 Cal.Rptr.2d 225, 228 (citing text); Marriage of Wittgrove, supra, 120 Cal.App.4th at 1327, 16 Cal.Rptr.3d at 496]

(In contrast, "permanent" spousal support is intended to provide financial assistance, if appropriate, as determined by the parties' circumstances after dissolution and division of their community estate and a weighing of the § 4320 spousal support factors. See Marriage of Olson (1993) 14 Cal.App.4th 1, 5, 17 Cal.Rptr.2d 480, 484, fn. 3; Marriage of Murray, supra, 101 Cal.App.4th at 594, 124 Cal.Rptr.2d at 351)


IAAL

 

[AlexandriaDumas]

Will I have to pay alimony because I make more than my wife?

Probably not. I have access to Dissomaster and by running your figures, there will be no spousal support.

As far as the wife's mental illness, if it were me, I wouldn't mention it.

Hopefully you two can reach an agreement on your divorce. And if it means paying her a couple hundred dollars a month for a year or so for spousal support, in the long run, it might be worth it if it makes her happy and keeps you two from a long drawn out litigious divorce. Good luck to you!

 

[I AM ALWAYS LIABLE]

Probably not.

My response:

Well, Ms. Dumbass, I'm sure that statement makes our writer feel real secure!

What numbers did you run? His and her income numbers? Sweety, that's not nearly enough information for DissoMaster.

Yes, it's "probably not" going to give him much comfort.

IAAL

 

[logismos]

More questions:

My wife has recently borrowed money under her name as an attempt to complicate the issue. What can I do to alleviate this kind of action?

Also, my wife wants me to leave the house. Because she has Borderline Personality Disorder, she can be very aggressive, abusive, and undermining at the drop of a hat. I can leave, but I have been advised that it is best for a party not to leave the house until a settlement is reached. What would be the disadvantage, if any, for me leaving my home at this stage?