Factors that contribute to spousal support

During your divorce in California, the transition from spouse to individual comes with varying degrees of stress and uncertainty. The negotiations regarding spousal support may cause the feelings of losing control and ambiguity. If the court system is involved in the proceedings, there is tension even if all parties involved understand the events unfolding. At De Ita, Lowe & Wald, LLP, we recognize that understanding the factors that judges must consider if one spouse or partner requires financial assistance may help ease the transition.

According to the California Courts, marketable skills, the current job market and the earning capacity of you and your spouse are all elements that influence a judge’s decision. If the spouse receiving support does not have the job skills necessary, the amount awarded may take into consideration the amount of time and training needed to develop skills to find employment.

Another factor is the length of time you and your spouse were married. The law states that a “reasonable period of time” for support is one-half of the length of the marriage/partnership. However, the judge has the latitude to rule differently, based on the circumstances of each case. The goal is to keep the standard of living close to what each spouse or partner had during their official time together.

There are two types of spousal support. Temporary support may be for a specific amount of time, such as while the divorce is pending or until a suitable employment situation is found. Permanent support depends on the circumstances, the age of you and your spouse, the standard of living and the length of the marriage. More information is available regarding spousal support and financial security on our web page.

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