California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

California Divorce Support California Divorce Online

Evaluating Spousal Support

Unlike child support, only vague guidelines are established in California for evaluating the amount of spousal support. Unfortunately, broad latitude is given by judges with varying attitudes. Different results appear in cases with similar factual situations. Generally speaking, spousal support is based on the reasonable needs of the wife as they relate to the husband's ability to pay, in order to maintain the Marital Standard of Living, established during the marriage. Major factors commonly employed to determine the appropriate amount of support are as follows:

  • A comparison of the financial positions of each of the parties before and after the dissolution.
  • Each spouse's ability to work, and his or her potential earnings considered in light of age, training and likelihood of employment.
  • The extent of impairment to the supported spouse by long periods of devotion to domestic to duties.
  • The extent the supported spouse contributed to the education or career position of the supporting spouse.
  • Whether the party has made reasonable efforts to find suitable work consistent with his or her age, ability and health and whether the party has made a genuine and conscientious effort to establish at least partial self-support.
  • The income tax consequences of spousal support to both the paying and receiving spouse.
  • The relative financial ability of a spouse to pay, based on his or her financial condition, considering all sources of income and assets including separate property.
  • Other valid support obligations of either spouse to his or her lawful dependents.
  • The age and health of the parties.
  • The duration of the marriage. In long term marriages of say 20 years, the court has a tendency to equalize the incomes of the parties after adjustments are made for taxes.

Temporary spousal support is usually based solely on the respective earnings of the parties and their special needs at the moment. Although this may appear to unfairly benefit the spouse who was unemployed at the date of separation, Judges are more willing to order written proof of job contacts for the unemployed spouse if the supported spouse appears to be a viable candidate for work.

The courts tend to order professional assessments of a parties' ability if they have not worked for a substantial period of time. The law endorses the goal that the supported spouse should be self supporting within a reasonable period. In a marriage of short duration, of less than about 10 years this is determined to be half the length of the marriage.

In long term marriages, a significant number of older judges seem to mysteriously arrive at something close to 40% of husbands gross income, yet other judges will equalize the income, exactly and many judges seem to have a completely unpredictable pattern to their awards.

The good news for husbands is that no matter how much support is ordered, it goes to zero on the wife's remarriage and is ripe for modification on his retirement or any other change in circumstances.


Was this helpful? Like our site & let us know.

Related Articles


Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Online Parenting Class California Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
The California court may award alimony/spousal support to either spouse in any amount for any period of time that it deems just and reasonable based on the standard of living during the marriage. The amount of alimony/spousal support and the duration will vary significantly from case-to-case and is often dependent upon the division of property.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a California Divorce

 

Settle Your Divorce Negotiate Your California Divorce

 

Support Forum California Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - How to Stop Your Divorce (Even When You Think its Too Late)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"