The first thing many people considering and/or facing divorce for the first time think about is splitting up property between the spouse (e.g. who gets the house?), or what arrangements will be made for children, but often the most financially significant issue that spouses will deal with is spousal support (also called alimony or spousal maintenance). California law and courts have a relatively liberal policy for awarding spousal support in comparison to other states, in that California seeks to maintain the standard of living enjoyed by both spouses during the marriage (at least temporarily), and thus there is no requirement of financial necessity before support is awarded. Under California law, judges can literally consider any relevant factor in determining both the amount (how much will be paid on a monthly or bi-monthly basis) and duration (for how long the payments must be made, post-divorce, which can be indefinitely), but here are some of the most common, important factors a judge will consider.
The Duration of the Marriage
How long the couple was married will play a critical role in determining the duration of spousal support payments, and indeed whether spousal support should be awarded at all. In general, courts will often award spousal support for a period roughly equal to half the length of the marriage.
Both Spouses’ Contributions to the Marriage
Courts will assess the contributions that each spouse made to the marriage, whether in the form of financial support, provision of assets, providing care for children and taking care of the home, and so on. Thus, a spouse who may not have worked but put immense effort into supporting the other spouse in alternative ways may receive a higher award than one who contributed little to nothing to the marriage.
Both Spouses’ Incomes and Earning Capacities
This is likely the biggest factor that courts look at in setting the periodic amount of spousal support. Courts will look at tax records, financial records, and related information in determining income (which includes income from all sources, including unclaimed and even illegal income). They will also look at how much income each party could be earning, meaning one party cannot simply quit working to avoid paying spousal support or to receive more spousal support.
The Standard of Living During the Marriage
An often difficult-to-verify yet important factor that courts will look at is the standard of living enjoyed by the spouses during the marriage. Again, unlike other states, California does not award spousal support on a subsistence level but will make an award that allows one spouse to continue enjoying a similar standard of living as during the marriage, even if that is a particularly lavish standard.
History of Domestic Violence in the Marriage
Courts are more prone to increase a spousal support award where there is a showing that the paying spouse committed domestic violence over the course of the marriage, as this is often a factor in spouses seeking divorce under duress.
The Needs of the Parties, Including Child Responsibilities
Each parties’ financial needs will be considered during the process of setting of spousal support, which can include child care costs, health care costs, education costs to become self-supporting, and any other number of costs.
Ultimately, given the large amounts of money that are involved with spousal support awards over time, both spouses – whether they are potentially paying spousal support or receiving it – should work with an experienced California family law attorney in negotiating spousal support or litigating the issue in the California family courts to ensure their best arguments are put forth and their interests are protected.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.