Key Factors the Court Considers in a Spousal Support Battle
When couples go through a divorce, one of the most contested issues is often spousal support, also known as alimony. In California, courts must evaluate a number of factors to determine whether one spouse should receive ongoing financial support and for how long that support should be paid. At Foster Hsu, LLP in San Jose, we help clients understand their rights and obligations when it comes to spousal support disputes. The key factors courts consider in determining spousal support are as follows.
Length of the Marriage
The duration of the marriage plays a crucial role in ongoing spousal support decisions. In California, marriages lasting under 10 years are generally considered short-term, and support is typically (but not always) granted for about half the length of the marriage. In contrast, for marriages lasting 10 years or longer, courts do not have the ability to set a termination date for support, which could result for support being for an extended period of time, depending on the circumstances.
Earning Capacity and Job Marketability
Courts assess each spouse’s ability to earn a living. This includes their level of education, job skills, work history, and the availability of suitable employment. If one spouse has been out of the workforce for an extended period due to raising children or supporting the other spouse’s career, they may receive support to allow them time to gain the skills or education needed to become self-sufficient.
Standard of Living During the Marriage
California courts strive to ensure that both parties maintain a standard of living similar to what they experienced during the marriage. If one spouse was accustomed to a high standard of living, the court may award support to help them transition and adjust financially after the divorce. However, the paying spouse’s ability to afford such payments is also a significant consideration.
Financial Needs and Resources of Each Spouse
Spousal support determinations take into account each spouse’s financial situation, including income, assets, debts, and any other sources of financial support. Courts examine whether the requesting spouse genuinely needs financial assistance and whether the other spouse has the means to provide it without facing undue financial hardship.
Contributions to the Marriage
If one spouse made significant contributions to the other’s career or education, this will weigh in favor of awarding support. For example, if one spouse worked to support the household while the other attended school or advanced in their career, the court may consider this when determining spousal support obligations.
Age and Health of Both Parties
The physical and emotional health of both spouses is another crucial factor. If a spouse has health issues that prevent them from working or earning a sufficient income, the court may order ongoing support. Older spouses who have been out of the workforce for a long time may also receive more substantial support due to limited job prospects.
Evidence of Domestic Violence or Marital Misconduct
In California, courts may consider domestic violence when determining spousal support. A spouse with a history of domestic abuse may be disqualified from receiving support.
Ability of the Paying Spouse to Support Themselves
While the requesting spouse’s need for support is a primary concern, courts also evaluate whether the paying spouse can afford to make payments while still maintaining their own financial stability. A support order should not place an undue burden on the paying spouse, making it difficult for them to meet their own reasonable needs.
Modifiability and Duration of Support
Spousal support is not always permanent. Courts often set an end date for support payments or require periodic reviews to assess whether support should continue. If circumstances change—such as job loss, remarriage, or a significant increase in income—either party may request a modification or termination of the support order.
Schedule a Consultation Today
Spousal support battles can be complex and emotionally charged, but understanding the factors courts consider can help you prepare for your case. Whether you are seeking support or being asked to pay, having knowledgeable legal representation is essential. At Foster Hsu, LLP in San Jose, our experienced family law attorneys can help you navigate the legal process and advocate for a spousal support arrangement in your best interests. Contact our San Jose Family Law Attorneys today to discuss your case.
Source:
selfhelp.courts.ca.gov/spousal-support
