How’s California Spousal Support Determined?

During the divorce process you might encounter a petition for spousal support. Spousal support, sometimes called alimony, is not an uncommon request and may be granted, along with child support (or in the absence of child support) for a number of reasons. The court decides what the appropriate spousal support is for each particular case, by taking into consideration the specifics of the case, the marriage, the length of the marriage as well as other circumstances.

Spousal Support in California

Spousal support, often a hot button issue, is decided in California by considering many different aspects of the marriage, and the life that will be led by both parties after the marriage is dissolved. The length of the marriage often comes into play when a court is ruling on spousal support. The length of the marriage greatly impacts whether or not spousal support will be granted, often times. A judge will also consider whether or not the person who is asking for spousal support can support themselves with marketable skills. For example, if a 20 year marriage dissolves in which the wife has never worked, she is unlikely to have marketable skills, and, thus will require support until marketable skills or necessary education is achieved.

A court will also take into account whether or not the party asking for spousal support has had their income potential impaired by their time spent outside the workforce because of the marriage. The court will decide whether or not the supported party was removed from the workforce to devote time to their marriage and domestic work, as well.

The supporting party’s needs are also taken into account when dealing with spousal support in court. For example, a judge will consider the lifestyle that both parties have become accustom to in the marriage, and he or she will also look at the monetary obligations of both parties. The supporting party must be able to sustain their own lifestyle appropriately while paying spousal support, and the court will not impose a financial hardship on one party in the interest of the other.

How Does Child Support Impact Spousal Support

Spousal support can be granted regardless of whether or not children were conceived during the marriage, however, many courts rule more favorably for spousal support if there are children involved, specifically, if the supported individual gave up their employment in the interest of caring for children. In many cases, the court agrees that the supported party should not take time away from the raising of children, as they had done during the marriage, for gainful employment and will rule in favor of spousal support to keep the children in a lifestyle they are both familiar and comfortable with. With that being said, however, spousal support can have an end date, and in cases were raising children is a deciding factor, the spousal support may end when the children involved in the case reach an age in which they can reasonably care for themselves.

The Length of Spousal Support

Many people think of spousal support as a never ending agreement. That simply is not the case. In the state of California, most spousal support decrees are for no longer than half the length of the marriage. This is considered enough time for the supported party to gain the skills they need to support their own lifestyle and interests. The length of the marriage, the age and the health of the parties, and other previsions may alter that time frame, however.

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