Spousal support is one of the most confusing concepts in a divorce. Every state has its own rules, which dictate how or if spousal support should be awarded. Therefore, what you might have heard from friends or family members in other states or seen on TV might be entirely different from your situation. If you are employed, you might be particularly concerned about the impact it might have on your eligibility for spousal support.
Understanding How Spousal Support is Awarded in California
Yes, even working spouses are eligible for spousal support in California. To determine if spousal support should be awarded, however, a judge will examine several factors. These factors will also help determine how much these payments should be and how long they should last.
Here are some of the factors a judge will consider to determine if spousal support should be awarded:
- The length of the marriage
- The supporting spouse’s earning power
- The monthly needs of the requesting spouse
- The health and age of each spouse
- The tax consequences for each spouse
- The requesting spouse’s contributions to the supporting spouse’s career or education
- The requesting spouse’s assets
- The balance of hardships for each spouse
- The ability of each spouse to become self-sufficient
- A history of domestic violence
- Any other factors the court believes are relevant
Family courts have a lot of leeway when it comes to determining spousal support. It is possible that, in some cases, the total amount of spousal support paid throughout the years might be greater than the total sum of the assets divided during the divorce process, especially if the supporting spouse earns substantially more than the requesting spouse.
Requesting Temporary Spousal Support During the Divorce Process
While the divorce process is in progress, one party can request temporary spousal support. Since divorce can take a substantial amount of time before it is finalized, temporary spousal support is often necessary to help one spouse maintain a certain standard of living. The amount awarded is based on the incomes of both spouses.
Reach Out to an Experienced Divorce Attorney Today!
If you and your spouse can no longer make your marriage work, you need an experienced divorce team on your side to assist you throughout the process to ensure your interests remain protected. At Myers Family Law, our team of divorce attorneys is backed by over 25 years of combined legal experience and specializes in high conflict divorces. Our certified mediator will work diligently to help you secure a non-contentious resolution for your case, so you can move forward and begin a new chapter in your life.
Contact our law firm today at (916) 634-0067 to request a low-cost 30-minute consultation with one of our compassionate and knowledgeable divorce attorneys to discuss the details of your case and learn more about how we can assist you.