When two people divorce in the state of California, support payments can have an impact on how property distribution is awarded, therefore alimony can directly affect the outcome of a divorce. If you and your spouse are having difficulty agreeing on support payments, the Superior Court can step in and order one spouse to pay support to the other on a case-by-case basis.
No two marriages are the same, nor are the reasons for divorce. There are times when a husband or wife can seek alimony payments from their spouse in a divorce. Spousal support has a specific purpose in divorce cases: it is intended to provide financial support to a spouse who has a much lower potential earning capacity than the other spouse.
It is not uncommon for one spouse to be in the workforce, drawing a high salary, while the other spouse manages the household and cares for the children. Even if only one person is earning money, both spouses are considered to be contributing to the marriage and family unit. If this couple were to divorce, the wife could seek spousal support until she can be self-supporting.
The courts will consider how long it will take for the wife to become self-sufficient and what actions she must take to achieve this. For some, it may take four or five years, the time it takes her to go back to college and get a degree. This is especially true if the couple decides to have the mother keep the family home and custody of the couple’s children.
Since the courts want to cause as little disruption to the children’s lives as possible, they might award the mother spousal support for several years, as without alimony, she would not be financially able to maintain the payments and standard of living she she and she have. children used to enjoy.
Any time a divorcing spouse seeks support payments, there are certain factors that the judge will take into account when making that determination. First, the court will take into account the duration of the marriage. Courts would be much more inclined to award alimony to a man or woman who was married for ten years than to someone who was married for only one year.
They will also look at what each spouse needs. For example, one spouse may have a solid, stable job, while the other spouse may be unemployed. On the other hand, if one spouse is a doctor and the other is a lawyer, they may not award any spousal support since both individuals earned a good living.
The courts will see what each person can afford. If neither spouse can truly afford to support the other, it may be unrealistic to award spousal support payments. They will also discuss whether having a job would make caring for the couple’s children too difficult. For example, if the couple has a baby and four other small children, it might be too difficult for the wife to enter the workforce at that time. You may have to wait until the youngest child enters elementary school or later.
The judge will also take into account the age and health of both spouses. If one of them suffers from a debilitating illness, the judge might be more inclined to award spousal support to that person if his ex can pay it.
In the situation where one spouse or partner supported the other through college, vocational training, or while seeking a professional license, the judge will take this into account. For example, perhaps the now stay-at-home wife and mother supported her husband while he attended law school before they had children, and now that she’s been out of the workforce for so long, she’s economically disadvantaged. , while he now enjoys the benefits of her paying for or supporting his higher education. Now that he is a successful lawyer, a judge might find that he owes it to his wife.
Courts will also consider debt and property and whether one spouse’s career was affected by years of unemployment taking care of the house or children. In addition, the judge will take into account each spouse’s unique difficulties that he or she is currently facing.
An important issue regarding the award of spousal support is that of domestic violence. The courts will consider all documented evidence of any history of domestic violence between both parties. The history of domestic violence and the emotional distress it caused will be a factor in awarding support, regardless of whether the victim was the supported party or the supporting party.
The courts will also consider the immediate tax consequences for both parties and whether or not either spouse has a criminal record. For example, the criminal conviction of an abusive spouse would be considered when making a reduction or elimination of spousal support.
The amount of spousal support and the duration are at the sole discretion of the courts. If you are seeking spousal support or if you want to contest a request for spousal support, you should speak with an experienced and compassionate family attorney who can help you with this very important matter. The entire outcome of your divorce could depend on whether or not alimony is awarded, so it is in your best interest to have a lawyer by your side, protecting your legal rights and handling all other important issues related to your divorce.
