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Who gets spousal support in a California divorce?

On Behalf of | Feb 9, 2021 | Spousal Support

There are many issues that divorcing parties must work out as their marriages come to their legal ends. If they share kids, they will have to establish child custody and support agreements or orders by which their parenting relationship will follow. Depending on the length of their marriage, they may have substantial property and assets to divide as the go their separate ways.

Another issue that can be important in many divorces is spousal support. Also referred to as alimony, spousal support is the money that is paid between divorced spouses to maintain the financial needs of the dependent party. The information contained in this post is general in nature, and readers are asked not to rely on it as legal advice. All spousal support questions that arise from this post should be directed to trusted divorce attorneys.

Spousal support: Ways it can be granted

It is important to start by noting that not all Los Angeles-area divorces involve spousal support. In some cases, individuals may be self-supporting and may not need financial assistance from their exes to live. However, when spousal support is necessary, it may either be agreed to by the divorcing parties or ordered by a court hearing a divorce case.

What courts look for when spousal support is requested

When a party wishes to seek spousal support and does not come to an agreement with their ex to establish terms, their divorce court will look at a number of factors to decide if it is appropriate in the divorce proceedings. Some of the factors that courts can evaluate to decide may include:

  • The ages and physical conditions of the parties
  • The length of the parties’ marriage
  • The earning power of the spouse who will have to pay
  • The earning power of the spouse requesting support
  • The standard of living experienced by the parties during their marriage

There is no simple formula to determine if spousal support should be ordered in a specific divorce case. It often involves a subjective evaluation of factors specifically related to a divorcing couple. For those who wish to seek spousal support, family law and divorce attorneys can be good resources for getting started.