How much and how long you'll pay or receive alimony in California depends on several factors. Factors that have a lot to do with you, your ex-spouse and your marriage will be considered in the court's decision.
Knowing these factors helps you and your California Family Law Attorney estimate the possible financial implications of your divorce.
How Spousal Support In Calculated In Los Angeles, California
1. Capability To Earn And Pay
The court will weigh one party's ability to pay and the other party's need for financial support when deciding whether to grant spousal support.
The amount each spouse would need to earn to maintain a quality of living comparable to that of the marriage is dependent on need. Therefore, the court will consider a party's need for financial support in addition to their current income.
Additionally, the potential earnings of the individual will be considered. Earning capacity depends on several variables, including:
- Employable abilities
- The availability of jobs in that field
- The amount of time and money the spouse will need to invest in education or training to get more employable skills or land a job
- The degree to which the spouse's loss of employment was brought on by their commitment to household duties
The court will determine a spouse's earning potential and whether working would make caring for the children too difficult. The children's needs should not be neglected, according to the court. Children will be included more in the study the younger and more dependent they are.
2. How Long You've Been Married
The court normally views half of your marriage's duration as a reasonable time in short-term marriages. However, if you have been married for ten years or longer in California, the court may decide to grant the low-earning spouse lifetime spousal support.
That said, permanent or lifetime alimony isn't guaranteed for long-term marriages. To know more, consult with a prescreened Los Angeles family law attorney to help you sort things out.
3. Your Assets And Liabilities
The court will consider each spouse's assets, liabilities, and income to determine their ability to pay and their needs. To calculate each spouse's net worth, both common and separate properties will be considered.
Your spousal support attorney in Los Angeles can help you manage documents and make estimates of the possible amount your need to pay or will receive.
4. Whether One Spouse Helped In The Other's Career, Degree, Or Professional License
The court will consider whether one spouse assisted the other in obtaining a degree, certificate, or professional license. This circumstance sometimes arises when one spouse looks after the home. At the same time, the others attended school or earned a license to boost their income.
According to California divorce laws, it is unfair for the spouse who obtained the higher wages and educational benefits to withhold money from the spouse who made the sacrifices. Consult a Los Angeles spousal support lawyer to help you gather documents and show necessary evidence.
5. Cases Of Domestic Abuse
The court must take domestic violence and the emotional distress it caused into account when there is proof of it in a partnership. A rebuttable presumption against providing spousal support to a spouse with a felony conviction for domestic violence against the other spouse within five years of filing for divorce or at any time is also present under California law.
6. An Established Standard Of Living
A portion of spousal assistance is given based on need. The degree to which a spouse will need support depends on their ability to maintain their current standard of living following the divorce. The court may modify the level of living if it is not reasonable.
7. Age And Health Status Of The Ex-Spouses
If one of the spouses is ill or older, the court may raise spousal support. They may find it more difficult or impossible to find gainful employment due to these problems, which must be considered.
8. Taxation
The court will also take spousal support's tax implications into account. Again, the effects on taxes may be intricate. For example, depending on the circumstances, spousal support may be taxed or deductible in California.
9. Additional Factors May Be Added As Needed
The court may consider anything it deems relevant and required to decide a just and equitable spousal support award. The court now has a lot of discretion.
Find The Best Family Law Attorney In Los Angeles
Need a Los Angeles Family Lawyer? Get a referral to an experienced legal counsel in minutes!
1000Attorneys.com is a Lawyer Referral Service that refers clients to a fitting Lawyer best suited to handle your case. You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
0 Comments