Spousal Support

When your marriage ends, your standard of living and lifestyle may be seriously affected by the loss of income and resources. Spousal support, in which one partner in the marriage financially compensates the other after the divorce is granted, is determined by a judge. In many states throughout the country, the court uses a specific system of calculation to determine spousal support. Partner with Monarch Family Law for help establishing fair spousal support.

In California, the court will consider a broad range of factors when calculating both the duration and amount of spousal support. Monarch Family Law’s spousal support lawyers can help you prepare for the process by offering both knowledge and experience with California-specific nuances of this process.

FACTORS FOR SUPPORTED PARTIES

Depending on which party you are, the process can look a little different. If you are seeking support, the court will consider the following factors:

  • Your current earning capacity
  • The standard of living established during the marriage 
  • Any of your marketable skills and the cost of updating skills if needed 
  • Your periods of unemployment during the marriage caused by domestic duties such as child care
  • The degree to which you contributed to the training and education of the supporting party 
  • Any history of domestic violence toward the supporting party 

The judge looks at your ability to get employment that would sustain the lifestyle attained during the marriage. The court may also assess any resources needed, such as education and training, that will allow you to achieve independence eventually. 

FACTORS FOR SUPPORTING PARTIES

If you are the supporting party, the court will look at your ability to provide income and consider how your divorce will affect that ability. The following factors help the court determine the your obligation to the supported party:

  • Your earning capacity and earned and unearned income and assets
  • Obligations of held assets, such as mortgage and loan payments
  • A plea of nolo contendere[/i], which means you aren’t contesting the notion of support 
  • Any history of domestic violence toward the supported party 

Other factors, such as the duration of the marriage and the age and health of both parties, are also considered in the court’s decision. If you have school-age children, the court will also consider their impact on the custody-holding parent’s ability to train for employment or hold a full-time job.

HOW LEGAL COUNSEL HELPS

The complexities of California’s laws on spousal support require the knowledge and experience that only proper legal counsel can provide. If you are planning to ask for support or would like to build a case against support, the first step is an inquiry with Monarch Family Law.

Your spousal support lawyer will work directly with you to examine all aspects of your situation that might affect the court’s decision, helping you position yourself favorably during the process. To consult with one of our attorneys on your spousal support case, reach out to our firm. We look forward to working with you!