[CA] [CA] If my wife abandons me, is she entitled to support?
If my wife abandons me, is she still entitled to spousal support?
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The short answer? It’s possible, but usually the court will not remove alimony entirely—though there’s no guarantee.
Here’s the long answer:
Courts assess the financial need of the spouse seeking support and the other spouse’s ability to provide it without undue hardship. Courts consider the lifestyle the couple maintained during the marriage, aiming to minimize drastic changes for the supported spouse.
They also consider earning capacity, including actual income and potential future earnings based on education, skills, and job market conditions. Longer marriages often lead to longer alimony periods, recognizing contributions and sacrifices made by the supported spouse. Physical and mental health conditions, along with age, can impact earning potential and needs.
If one spouse supported the other’s education or career advancement, it may influence alimony. Additional factors like tax implications, debt, child support, and misconduct during the marriage might also be considered.
In other words, abandonment itself isn’t an automatic legal basis to deny support, especially if she’s still living nearby.
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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 they’ll be able to help you with your situation.
No
Legal Eagle
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.
Legal Eagle
I'm so sorry about that!
What state is this in?
California
Legal Eagle
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
She moved out because of our disagreements but also because she started an affair.
Legal Eagle
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
The affair started for sure 1–2 months before she moved out.
Legal Eagle
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated.
Legal Eagle
The short answer? It’s possible, but usually the court will not remove alimony entirely—though there’s no guarantee.
Here’s the long answer:
Courts assess the financial need of the spouse seeking support and the other spouse’s ability to provide it without undue hardship. Courts consider the lifestyle the couple maintained during the marriage, aiming to minimize drastic changes for the supported spouse.
They also consider earning capacity, including actual income and potential future earnings based on education, skills, and job market conditions. Longer marriages often lead to longer alimony periods, recognizing contributions and sacrifices made by the supported spouse. Physical and mental health conditions, along with age, can impact earning potential and needs.
If one spouse supported the other’s education or career advancement, it may influence alimony. Additional factors like tax implications, debt, child support, and misconduct during the marriage might also be considered.
In other words, abandonment itself isn’t an automatic legal basis to deny support, especially if she’s still living nearby.
Ok. Thank you. I really appreciate it. God bless you.
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Legal Eagle
So I haven’t heard from you in a while, but that’s ok! I hope I’ve provided the information you were seeking.
Legal Eagle
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