In these uncertain economic times, spousal support can be an especially contentious issue in any divorce proceeding. Family law cases are usually difficult in most cases, but the adequate division of wealth can be especially tricky in a recession. The stakes are higher in an economic downturn because the party that is more likely to need spousal support is more susceptible to financial ruin if they are not given a fair shake in Court. Therefore, it is incredibly important to consult legal counsel before your spousal support hearings so you can get what is rightly yours.
In the state of California, there are number of factors that determine the amount and length of spousal support that is awarded to the deserving party. The Court takes the financial position of each party before and after the marriage into consideration, when determining if spousal support should be awarded, and in what amount. Similarly, each spouse’s ability to work is a major factor in determining spousal support. This includes an individuals expected earnings, based on their age, experience, training, education, and job history. These factors help to illustrate which party can generate a sufficient amount of money, and which party would need financial assistance to stay afloat after the dissolution is made final.
The state of California also helps to maintain a standard of living for both parties that is comparable to the one that was enjoyed during the marriage. This means that the party receiving spousal support can expect to live as he or she did during the marriage without having to make any severe lifestyle changes. This is an effort by the Court to ensure that the economically disadvantaged party is not taken advantage of or is forced to stay in an abusive or otherwise undesirable relationship due to financial concerns.