At the Land Legal Group, our Los Angeles divorce attorneys know that one of the most significant factors in any divorce is the couple’s finances.
If one spouse has spent years working inside the home raising children while the other spouse worked, or helped support the other spouse while they built a business or finished their education, he or she may be entitled to spousal support during their California divorce.
However, spousal support is not a guaranteed condition of divorce.
The California Courts will consider multiple factors when determining one party’s eligibility for spousal support.
Here is what you need to know.
The Length of Your Marriage is a Significant Factor When Awarding Spousal Support
Shorter marriages offer little evidence that one spouse was financially dependent on the other.
Although having a short marriage does not mean one spouse is not eligible for spousal support, it simply means they may have a harder time proving they need it to help transition from the joint income they shared during the marriage to a single income.
Longer marriages typically involve spouses with intertwined finances, which can help support the fact that the lesser earning spouse or the one with no income at all may need spousal support to continue the quality of life they enjoyed during the marriage.
The Current Financial Make-Up of Each Spouse Matters
While the marital property will be divided equitably during a divorce, assets that were acquired through inheritance or as gifts to one spouse are their sole property.
If one spouse has significant wealth because of an inheritance, or from personal assets they brought into the relationship before the marriage, that wealth will be considered when weighing their eligibility for spousal support.
The Earning Capacity of Both Parties Will Weigh Heavily on Spousal Support Decisions
A California judge will review the earning capacity of both spouses, including the work they do now, or the future careers they can pursue.
If one spouse paused their education or career, so their spouse could further his or her education or work longer hours, this may boost the chances of being awarded spousal support.
If one spouse went to work for the other spouse while he or she built their business — making considerably less money than they would have worked to their full career potential — those circumstances may also bolster their spousal support eligibility.
This is not an exhaustive list of factors that the courts consider when determining who is eligible for spousal support during a California divorce. Talking with a skilled divorce attorney will help you understand all the details involved in your marriage dissolution, including alimony.
Do You Need Help Outlining Your Eligibility to Receive Spousal Support? We Can Help.
If you are seeking a divorce in California and would like to understand how the courts will view your current financial standing and eligibility for spousal support, contact our skilled family law attorneys in Los Angeles County at the Land Legal Group today at (310) 552-3500 to schedule a consultation to discuss your unique needs to learn how we can help.