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How does the court decide to award spousal support?

On Behalf of | Oct 30, 2019 | Child Support |

When it comes to ending your marriage, divorce can be financially draining. Even after, the change to your lifestyle can be a shock. California law recognizes that sometimes one person leaves a marriage in far worse financial condition than the other person. This is why it allows for spousal support. These payments can help you to get back on your feet or maintain your lifestyle after your divorce.

The California Courts explain that a judge basis his or her decision to award spousal support solely on what the law says. The law specifies how long spousal support payments will last and gives a judge factors to consider when making the decision to award it. These factors include things like your standard of living during the marriage and how much you each earn.

If you do not work, the court will assess your earning capacity and use that for your income. In addition, the court considers if you used to work to support the family while your spouse when through school or training to get the job he or she currently holds. The court also looks at who cares for the children and how that impacts his or her ability to work.

Other factors the court will consider include your ages and health statuses, the tax impact of any financial award, debts and assets you have and the length of your marriage. All these factors play into the judge’s final decision and also impact the amount of spousal support awarded, if any. This information is for education and is not legal advice.


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