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KGrow is correct in this. The court does have wide discretion. When setting permanent spousal support, all the factors in CA. Family Code 4320 are to be considered and balanced. If you are working below (for less)than your income potential or employment history, that could be considered under-employed. You will need to have a valid reason for that. But if alcoholism is not hampering your ability to earn an income, and your income historically is less than your spouses, then there is no reason for the court to even consider the alcoholism. There is no fault. If you are working to your full potential and your ex simply makes more, than an award for spousal support may be in order if all the factors in 4320 are properly balanced. You know the factors: length of marriage, time off to care for children, helping with the education of former spouse, domestic violence, ability to pay, need, health, age, standard of living during the marriage, etc. The court should come to a "finding" on all the factors in 4320 at the hearing. The use or abuse of alcohol is not one of them. |