How to Handle a Divorce When One Spouse Earns Significantly More

Hi, I’m Tim Blankenship from Divorce661. In a recent video I walked through a question I hear all the time: how do you handle a divorce when one spouse earns significantly more than the other? This article expands on that advice and gives you practical steps to protect your financial future, whether you’re the higher earner or the one who earned less during the marriage.

What the income gap means in a California divorce

Income disparity affects two major financial areas in California divorces: spousal support and, if you have children, child support. The underlying goal courts and settlements try to achieve is fairness — most often framed as helping both parties maintain a similar standard of living at least during the initial transition after a divorce.

That doesn’t mean the higher earner will be expected to give up everything. Spousal support is not automatic or one-size-fits-all. It’s about balancing needs, earning capacity, and the realities of each spouse’s financial situation.

Key factors courts and negotiators consider

• Length of the marriage: Longer marriages generally increase the likelihood or duration of spousal support.
• Earning capacity and employment history: Courts look at current income and the ability (or time needed) for the lower-earning spouse to become self-supporting.
• Lifestyle during the marriage: The standard of living established during the marriage is a reference point for support calculations.
• Contributions to the marriage: Non-financial contributions such as homemaking and raising children are relevant.
• Health, age, and education: These influence how quickly a spouse can re-enter the workforce or increase earning potential.

Practical steps for the higher earner

• Be prepared to document your finances: pay stubs, tax returns, retirement account statements, and monthly budgets.
• Focus on fairness and sustainability. A support order that you cannot afford will create future conflict and risk of nonpayment.
• Consider options other than long-term monthly spousal payments: property division, a lump-sum, or temporary rehabilitation support to help your spouse become self-sufficient.
• Negotiate clear terms and timelines. If support is intended as temporary, put clear end dates or review triggers in the agreement.
• Work with professionals to run accurate support calculations based on real numbers, not guesses.

Practical steps for the lower earner

• Collect documentation of your financial needs and the standard of living during the marriage.
• Be realistic about your earning capacity and the time or training needed to increase income.
• Ask for support that provides stability, not just immediate relief — think short-term rehabilitation plus assistance for child care, education, or retraining if needed.
• Explore asset division options that can offset lower ongoing income (e.g., receiving more of the marital assets or the family home).
• Insist on clear, enforceable language in any agreement so you can count on the help you negotiate.

How support and asset division can be balanced

When incomes are unbalanced, creative solutions often produce the fairest results. Examples include:

• Temporary spousal support while the lower-earning spouse re-enters the workforce.
• Offsetting asset division — giving more liquid assets or the family home to the lower earner in exchange for lower monthly support.
• Lump-sum payments in lieu of long-term monthly payments.
• Clear timelines and review clauses so support can be modified when circumstances change.

Real client example

We worked with a couple where the husband earned three times more than his wife, who had stayed home with the kids for several years. Both wanted a fair, respectful divorce. Instead of litigating, we structured a support plan that was realistic for him and provided stability for her. The agreement documented payment amounts, a timeline for rehabilitation, and specific terms for asset division. That clarity reduced conflict and gave both parties a practical path forward.

How I approach these cases at Divorce661

At Divorce661 we focus on amicable, practical solutions even when finances are unbalanced. Our approach includes:

• Accurate support calculations based on your actual income, expenses, and goals.
• Flat-fee divorce services so clients know costs up front.
• 100% remote assistance for couples across California.
• Drafting clear, enforceable judgments that reflect your specific situation — not generic numbers.

Quick checklist before you meet a lawyer or negotiator

1. Gather your last 2–3 years of tax returns.
2. Collect recent pay stubs and bank statements.
3. List all assets and debts, including retirement accounts and property.
4. Document monthly household expenses and a realistic post-divorce budget.
5. Outline your goals: immediate stability, long-term independence, housing needs, child care, etc.

Next steps

If you’re facing a divorce where one spouse earns significantly more, you don’t have to navigate it alone. We offer a free consultation to help you run the numbers, explore options, and create a plan that minimizes conflict and protects both parties’ interests. Visit divorce661.com to schedule a free consultation and get started.

If you have questions or want to share your experience, I welcome you to reach out — fair, respectful solutions are possible even when finances are unbalanced.