How Do You Show Actual Need for Spousal Support in a California Divorce?
At the Land Legal Group, our divorce attorneys in Los Angeles know that one of the most important factors that accompany the decision to end your marriage is understanding what your financial future will look like once it is over.
If you and your spouse cannot agree on the terms of your divorce privately or during mediation — including a spousal support award — we will litigate your needs inside the courtroom, which means a judge will determine if and how much spousal support is ordered.
The strength or weakness of the evidence of your case may influence the outcome of the award, so it is smart to develop a plan early in the divorce process.
Our Los Angeles spousal support attorneys can help you seek financial support from your soon-to-be-former spouse by outlining the relevant evidence necessary to strengthen your case, so it can be analyzed by the courts to make the appropriate decision to provide an equalizing spousal support award and for how long.
Here are a few ways we can help build your case for success.
Did Marital Misconduct Lead to the Divorce?
In California, alimony may be considered when adultery by either spouse was a factor in the divorce.
If the cheating spouse admits to their indiscretion, it can be easily submitted in your case. Other evidence that supports the claim may include that marital assets were spent on the third party — although the statute does not require proof that there was an economic impact from the adultery.
We just need to provide evidence that the affair occurred.
What are the Economic Factors that are Relevant to Spousal Support Requests?
The relevant economic factors to support alimony requests in California are extensive, which is why it is important to create a budget that reflects your current financial standing and your spouse’s ability to pay it.
Our Los Angeles divorce attorney will carefully develop an expected household budget after the divorce, so we can show the court why our client’s request for alimony is necessary.
We will outline the following relevant factors to help strengthen your case:
- Marital standard of living
- Length of marriage
- Each spouse’s age and physical and emotional health
- Each spouse’s financial resources and income sources
- Each spouse’s education, skills, employability, and earning capacity
- Any time needed to get pursue education or additional skill to become employed
- Each party’s contributions to the marriage, including homemaking, childcare, education, and career building of the other party
- Each party’s future responsibilities for their children
This comprehensive analysis will also include any special circumstances that would support the need and help instruct the judge to assess the justifying factors to award temporary or permanent alimony, depending on your unique needs.
Have You Made Professional Sacrifices to Maintain the Marital Household?
In some cases, one spouse may take a break from their education, vocation, and profession to raise children or maintain the marital household.
Typically, when one spouse is maintaining the home, the other can focus on his or her career, placing the stay-at-home spouse behind professionally.
If it is feasible to return to work after the divorce, he or she may need alimony during the time of retraining or while updating professional licenses or certifications.
We will assess all relevant factors, including calculating the amount of time you spent maintaining your home, advancing your spouse’s career, and raising your children, which will dictate the amount and the length of spousal support you receive to establish and maintain a separate household without undervaluing your overall needs.
If you are pursuing a divorce and are concerned about what your financial life will look like once it is final, contact our skilled family law attorneys in Los Angeles at the Land Legal Group today at (310) 552-3500 to schedule a free consultation to discuss your unique needs.