[CA] If my wife abandons me, is she still entitled to spousal support?
If my wife abandons me, is she still entitled to spousal support?
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Short answer: Yes, it's still possible that your wife is entitled to spousal support after abandonment. In California, spousal support (alimony) is not automatically denied because a spouse moves out or has an affair. Courts don't generally consider "fault" like infidelity or abandonment when awarding spousal support. California is a no-fault divorce state.
What Factors Does the Court Consider for Spousal Support? (CA Fam Code § 4320)
- Financial need vs. ability to pay: Courts weigh whether the supported spouse has financial need, and whether the other can pay without undue hardship.
- Standard of living during marriage: The goal is to maintain a lifestyle as close as possible to what was established during the marriage.
- Earning capacity: Actual income and potential future income based on skills, education, and job market conditions are reviewed.
- Length of marriage: Longer marriages often lead to longer support durations.
- Health & age: These affect ability to earn and self-support.
- Contributions to career/education: If one spouse helped the other advance, that could influence the outcome.
- Other factors: These may include debts, tax implications, and any history of domestic violence.
Does Abandonment or Infidelity Affect Support?
Not directly. While the emotional impact is real, California does not punish marital misconduct through spousal support. However, cohabitation with another partner or clear evidence of the supported spouse being financially self-sufficient might reduce or eliminate support obligations.
In other words, abandonment by itself isn’t a legal basis to deny alimony—especially if she’s still living on the same land or nearby. But the full context can matter. If you feel she has the ability to support herself or has moved on with someone else, that may be something to raise in court.
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If my wife abandons me, is she still entitled to spousal support?
Lexi, Chatbot
I'm sorry to hear about your situation. Have you and your wife discussed spousal support before?
Yes, we have.
Lexi, Chatbot
Are you currently legally married to your wife?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured that they’ll be able to help you with your situation.
No.
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Do you know where she is now?
Yes. She moved into an ADU (a small house built in a backyard). Her friend owns the house.
Michael M. Esq.
I'm so sorry about that! What state is this in again?
California.
Michael M. Esq.
Ok! Did you need to tell me anything else? If not, I can start answering your question.
She moved out because of our disagreements, but also because she started an affair.
Michael M. Esq.
Okay, I’ve been working on an answer while we've been chatting, so it'll just be a moment.
Michael M. Esq.
Short answer: Yes, it's still possible that your wife is entitled to spousal support after abandonment. In California, spousal support (alimony) is not automatically denied because a spouse moves out or has an affair. Courts don't generally consider "fault" like infidelity or abandonment when awarding spousal support. California is a no-fault divorce state.
What Factors Does the Court Consider for Spousal Support? (CA Fam Code § 4320)
- Financial need vs. ability to pay: Courts weigh whether the supported spouse has financial need, and whether the other can pay without undue hardship.
- Standard of living during marriage: The goal is to maintain a lifestyle as close as possible to what was established during the marriage.
- Earning capacity: Actual income and potential future income based on skills, education, and job market conditions are reviewed.
- Length of marriage: Longer marriages often lead to longer support durations.
- Health & age: These affect ability to earn and self-support.
- Contributions to career/education: If one spouse helped the other advance, that could influence the outcome.
- Other factors: These may include debts, tax implications, and any history of domestic violence.
Does Abandonment or Infidelity Affect Support?
Not directly. While the emotional impact is real, California does not punish marital misconduct through spousal support. However, cohabitation with another partner or clear evidence of the supported spouse being financially self-sufficient might reduce or eliminate support obligations.
In other words, abandonment by itself isn’t a legal basis to deny alimony—especially if she’s still living on the same land or nearby. But the full context can matter. If you feel she has the ability to support herself or has moved on with someone else, that may be something to raise in court.
Ok. Thank you. I really appreciate it. God bless you.
Michael M. Esq.
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