Spousal support, or alimony, is a financial order that a judge can give during a divorce or legal separation to ensure that the lower-earning spouse is able to maintain his or her typical standard of living. Whether or not spousal support is awarded is determined based on several factors during an assessment of the couple’s circumstances. Reach out to the Orange County spousal support attorneys from Boyd Law for assistance.
Earning Capacity
The state’s spousal support law, California Family Code § 4320, contains a comprehensive list of all factors and aspects the court will consider when making this type of order. It starts with earning capacity, or the ability of the requesting party to maintain the standard of living established during the marriage.
To determine earning capacity, the courts will look at the requestor’s job history, marketable skills, current job market, the need for job training or education, the time and cost required to receive this training or education, and the ability to work without interfering with the interests of dependent children.
Spousal Contributions During Marriage
If the lower-earning spouse gave up his or her career or financially contributed to the higher earner’s career – such as by taking care of domestic duties while the other party obtained an education or training – this will be taken into consideration for purposes of making a spousal support order. The courts will also consider any periods of unemployment that may impede the supported party’s earning capacity that were due to the marriage, raising children or household duties.
Ability to Pay
A judge will assess the higher earner’s ability to pay spousal support. The supporting spouse must be able to afford alimony payments based on his or her income (current and future), assets, and earning capacity while still maintaining the standard of living established during the marriage.
The Needs of Each Party
The party requesting alimony must have grounds to make this request; particularly, a genuine need for financial support after the divorce. The requesting spouse should be capable of becoming self-supporting financially at some point in the future, even if he or she needs to undergo training or education to achieve this. Until then, the spouse may be eligible to receive support payments from the higher earner.
The Length of the Marriage
The courts will take into consideration the length of the marriage. In California, longer marriages typically have a higher likelihood of spousal support and a longer duration of support. If the marriage lasted 10 years or longer, the courts are more likely to award long-term alimony (no specific end date). Shorter marriages, on the other hand, tend to only receive temporary support that will end once the recipient becomes self-sufficient. The age and health of both parties will also be factored into the decision of duration.
How to File a Request for Spousal Support in Orange County, California
If you wish to request spousal support as part of your divorce case in Orange County, start by consulting with an attorney. A family law lawyer in Orange County can help you understand all the factors that will be taken into consideration by the courts and put you in the best possible position to achieve the outcome you want. Your lawyer can file the request on your behalf and support it with relevant evidence. Throughout the process, your lawyer will answer your questions and provide critical guidance during this difficult time.
