Factors California courts consider when awarding spousal support

When you make the decision to part ways with your spouse in California, you may wonder whether you are going to be able to stay afloat financially without your former partner’s income. If you have such fears, you may decide to pursue spousal support from your ex when you divorce.

According to the California Courts, many factors come into play when the state decides whether you should receive spousal support from your former husband or wife. Some of the variables that fall under the microscope are as follows.

The length of your marriage

While having a short marriage does not necessarily mean you are not going to get alimony, and vice-versa, typically, you have a better shot at securing it, and securing it for a long time, if your marriage also lasted a long time. A judge may also consider whether you and your spouse separated at any point during your marriage, and if so, for how long.

The earning capacity of both parties

Expect a judge to also review your earning capacity and that of your former partner. If you stopped going to school or working so that your spouse could further his or her education or work longer hours, this may boost your chances of getting spousal support.

Whether a history of domestic violence exists

If there is any history of domestic violence within your relationship, know that this may impact spousal support chances. This may hold true regardless of whether you or your former partner was the abuser.

These are some of the variables a judge may consider when deciding whether to award you spousal support. Please note that other areas may also undergo review by the judge on your case.

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