Understanding the Requirements for Spousal Support in California

Stephanie L. Mahdavi spousal support

Often times after a divorce, one spouse may be unable to seek employment, or lack the skills needed to obtain employment, which can place them in a vulnerable position, thus, suffering a decrease in the standard of living.

Relief

Spousal support in California, like many states, is meant to bridge the gap between the time shortly after a divorce to the time it takes for one party or another to obtain employments or obtain the resources necessary to meet the costs of daily living. In cases like this, it is best to consult an attorney early on to discuss your needs such as a Westlake Village spousal support attorney.

Immediately following a divorce and even during the process prior to a final judgment there are so many questions and concerns about one’s welfare, such as financial upkeep, healthcare, and the care of children, if applicable. In this case, it is imperative that an attorney is consulted to discuss the best way to tailor a plan of care and actions needed for the best outcome of your unique situation.

The Requirements

An Overview of the requirements for spousal support in California:
According to the statute of California law pertaining to divorce and spousal support, establishing spousal support depends greatly on certain factors namely:

  • The earning capacity of each party and whether their income is sufficient to maintain the standard of living they have been used in the marriage.
  • The ability of either party to obtain employment, which also depends on the education, training, and career position if any at the time of the divorce.
  • The obvious, the ability of the party required to pay spousal support and to do so in a timely and consistent manner, without hardship.
  • The specific needs of each party established within the marriage.
  • Financial obligations and or liabilities versus the available income in the marriage.
  • Any assets liquid or solid of either party.
  • The age and health of the parties.
  • Documentation of any domestic violence, or other criminal offenses, as defined in Sections 6211 and 4325 of the California Statute.
  • The duration of the marriage.

Length of Spousal Support

Spousal support can be paid for half of the length of a 10-year marriage, as a general rule. For longer marriages, the court typically will not set alimony duration. The duration will greatly depend on the ability of the payer to prove that spousal support is no longer needed.

How a Westlake Village Spousal Attorney Can Help

Divorce is never easy, and is often very traumatizing to not only the parties involved but also their families and society at large. For this reason, proper consultation and counseling are needed. In most cases, the first course of action should involve seeking legal advice. To determine your options, please seek legal advice from a knowledgeable Westlake Village spousal support attorney.

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