At the Land Legal Group, our Los Angeles, California divorce attorney understand there are many misconceptions associated with spousal support in Los Angeles County. The first misunderstanding surrounding spousal support is that it is mandatory. Many people do not know that the California Courts have broadly held discretion in denying spousal support altogether, after fully reviewing the legal factors associated with its potential assignment. Each case is handled individually and is examined carefully before a legally-binding decision is made on the subject.
What Are The Legal Factors Involved In Determining Los Angeles Spousal Support Payments?
There are many legal factors that determine if, how much, and how long, spousal support is awarded to one spouse after a Los Angeles divorce. The general rule for spousal support is that it will last for half the length of a less than ten-year marriage, with longer marriages being exempt to payment duration caps unless the payer can prove the spousal support is no longer necessary in the future.
However, California Legislation mandates that the following factors be reviewed thoroughly when determining spousal support, including the:
- Recipient’s marketable skills, and the employment opportunities associated with them. Where there are no skills, the court will consider the time and expense to obtain the education or training necessary to develop existing or acquire new skills.
- Recipient’s periods of unemployment that may have devalued his/her skills while devoting time to the home and family
- Recipient’s involvement and contribution to the payer’s education, training, license, or career
- Recipient’s ability to work without interfering with their children/family responsibilities
- Payer’s ability to pay by calculating earned and unearned income, assets, and standard of living
The court will also consider the facts associated with the marriage, and both party’s personal information, which can include, but is not limited to the:
- Duration of the marriage
- Age and health of both parties
- Debts and assets of each party
- Standard of living established for both spouses during the marriage
- Balance of the hardships to each party
The goal is for both parties to become self-supporting within a reasonable amount of time, with spousal support designed to bridge the gap in between the time it takes for the recipient to become employed and obtain the resources necessary to meet their financial needs.
Spousal Support In Los Angeles Requires A Unique Approach To Deliver Results
Each spousal support case is unique and requires an experienced Los Angeles spousal support lawyer to ensure yours is fully evaluated, so you are getting the best outcome available for your specific needs.
If you have questions about your life after a divorce, and what spousal support payments or recovery you are entitled to, contact our family law attorney in Los Angeles today by calling 310-552-3500 to schedule a free initial consultation, and learn how we can help you create solutions for moving forward and becoming your own person again.