eligibility for spousal support if we make over 150K

#1

If both my husband and I make over 150K a year but he is making 40K more + a 20% bonus, am I eligible for spousal support?

#2

In general, a disparity of income may make someone eligible for spousal support; however, every case is different, and I would need to know a lot more about your situation before being able to answer this kind of question. You may want to look at Family Code Section 4320 and review a number of the resources on our website to educate yourself regarding spousal support.

https://cristinlowelaw.com/spousal-support-basics-what-you-need-to-know/

https://cristinlowelaw.com/how-is-bonus-income-treated-in-spousal-support-situations/

https://cristinlowelaw.com/practice-areas/spousal-support/california-spousal-support-calculator/

#3

thank you, Cristin for the links provided.
I was just wondering for spousal support eligibility, whether there is a clause in the CA law if both parties make over 150K a year.
I could answer any question you have, pls let me know.

Thanks in advance!

#4

There is no limitation of income in order to be eligible for spousal support.

#5

I am currently retired military and married for 19 years. I currently make 78k with job and military retirement pay, spouse currently makes 66k holding a masters degree. Currently have 1 child (16) who will reside with me, will I be required to pay spousal support for short term, long term, or not at all? Currently don’t own any property.

#6

Hi Eddie,

I don’t know how much money you make from your job versus your military retirement pay, but it sounds like your spouse might make more money from her job than you do. In other words, it is your military retirement that makes your earnings greater than hers overall.

It sounds weird, but you have to look at your military retirement as an asset. She is entitled to a portion of your retirement if she was married to you while you were in the military. Given the length of your marriage, I have to assume that you were married at least some of the time during your military service.

Once the military retirement is divided up/apportioned, it doesn’t sound like there will be much of an income disparity between the two of you. Without a difference in your income, spousal support shouldn’t be a big issue right now in your case.