The issue of alimony, also known as spousal support, can be a contentious issue
in any divorce case. Feelings of anger, resentment, and vindictiveness can easily arise. Our office can facilitate an equitable resolution that will take the financial needs and abilities of each party into account. Unlike child support, which is basically an algebraic equation, the court takes several different factors in determining whether or not to order spousal support, including:
- Ability to maintain marital standard of living in light of earning capacities
- Contributions to other spouse's education, training, etc.:
- Supporting spouse's ability to pay
- "Needs" in light of marital standard of living
- Parties' assets and debts
- Duration of marriage
- Employability of custodial spouse vs. impact on children
- Age and health of the parties
- History of domestic violence
- Tax consequences
- Relative hardships
- Goal of self-support
- Spousal abuse conviction (mandatory factor for support reduction/termination)
- Other "just and equitable" factors
Under California's 'no fault' divorce policy, spousal support is used to equalize the incomes of the two parties to resemble the standard of living during the marriage. In a short term marriage, the rule of thumb is to allow spousal support for 1/2 the length of the marriage. In a long term marriage of ten years or more, a Court will retain jurisdiction over the issue of spousal support unless the parties agree to an alternative.
Spousal support takes into consideration the standard of living both parties enjoyed during the marriage.
Contact our office today for a free half hour consulation regarding your spousal support questions.