Can my soon to be ex-wife, turn down higher paying jobs in herfield and take a lower paying job to force me to pay more in alimony?

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Can my soon to be ex-wife, turn down higher paying jobs in herfield and take a lower paying job to force me to pay more in alimony?

My wife has had 30 jobs during our marriage of 22 years. She always finds a way to quit her job. Her lack of or willingness to keep and maintain a job has put stress on our marriage and she now wants a divorce. She took a job as a grocery store bagger/cashier and states that she does not want to work in the dental field anymore. She went to college to become an registered dental assistant and I supported her and paid for college. She just turned down a $20 hour job to works her $8 hour job and is seeking over 1K a month is spousal support. My income is 65K per year.

Asked on June 13, 2011 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is a factor that should be taken into account when setting the level of spousal support. The short answer is she *can* do this, but that in theory, the deliberate actions of a party to its or the other spouse's detriment should be reflected in setting support, etc. levels; unfortunately, it's not a given or a definite that her behavior will be held against her. You should retain a divorce or family law attorney, if you don't already have one; further, you should make sure you have documentation of her current and recent years' income and her education level. Once you have your attorney, discuss the situation w/him or her and see what else the attorney feels would help you prepare for the divorce. Good luck.


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