Family Code Section 4320 Factors for Spousal
Support (Formerly Known as Alimony)
In a spousal support request in California, the court will determine the ability of each party to maintain the standard of living established during the marriage.
A family law court also considers the extent to which the party who receives spousal support stayed home to raise the kids rather than advance his or her career.
An attorney may argue that the obligations and assets of the parties including their separate assets are relevant for spousal support purposes in a divorce in California.
In Orange County, the family court will review the skills that the party requesting spousal support has and the time and money it would take for that party to develop his or her skills in order to find a job.
A California court will also review whether the person receiving support helped the other parent obtain an education, train more, or obtain a license in order to advance a career.
If the person paying spousal support does not earn enough money to pay spousal support In Orange County, the court can consider assets and the parties' standard of living during the marriage.
If one party is not working, the divorce court can consider how much money the person is capable of earning and make an order as if that party was earning that amount.
If there is evidence of domestic violence, between the parties, then the person who committed the violence may be precluded from receiving spousal support after the divorce.
If the person receiving spousal support possesses skills that are marketeable which could enable the spouse to be self-sufficient, a California divorce court is less likely to order spousal support.
If the party receiving support can get a job without interfering with the interests of the children, then the family law court will be more likely to assume that the party is capable of earning a living.
In a dissolution, spousal support has tax implications. The person receiving spousal support will pay taxes on the amount of support. The person who pays the support will have a reduction in income.
The court will ask whether the person paying spousal support has the ability to pay spousal support. If he or she does not have the ability to pay spousal support, the court will not order spousal support after a dissolution is entered.
In California, the family law judge considers the age and health of the
parties. If the paying party is in bad
health, it is possible support may not be ordered.
An attorney may argue that the goal of spousal support is for the supported spouse to become self-supporting within a reasonable period of time--which is usually half of the length of the marriage.
Another factor the family law court analyses is whether the person receiving spousal support needs training or education to obtain marketable skills.
The order for spousal support is gender-neutral in Orange County meaning that either spouse can receive spousal support.
The family law court may also consider hardships to each party. It is less likely to order support if there is a hardhip to the paying party.
Another factor the family law court considers is the length of the parties' marriage. The longer the marriage, the longer spousal support lasts.
In a request for spousal support in California, the court will review the ability of each party to earn a living. If the party receving support can support himself or herself, spousal support is less likely.