The Hunter Law Group Articles Spousal Support Factors in California

Spousal Support Factors in California

By The Hunter Law Group  May. 20, 2013 2:20p

Spousal support, otherwise known as alimony, can be a very difficult issue to determine in a California divorce. Left up to the discretion of the court, it can result in varying decisions based on the attitudes of the specific judge handling your case. In general, the issue of spousal support will be based on what is needed by the spouse seeking it and on the ability of the providing spouse to pay. A list of factors under the California Family Code Section 4320 will influence the court's decision. These factors include the following:

  • The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage;
  • The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties;
  • The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living;
  • The needs of each party based on the standard of living established during the marriage;
  • The obligations and assets, including the separate property of each party;
  • The duration of the marriage;
  • The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party;
  • The age and health of the parties;
  • Documented history of evidence of any domestic violence;
  • The immediate and specific tax consequences to each party;
  • The balance of the hardships to each party;
  • The goal that the supported party shall be self-supporting within a reasonable period of time;
  • The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support;
  • Any other factors the court determines are just and equitable.

Divorce and Family Law Representation in Orange County, California

As evidenced by the list above, many factors may influence the court's decision when it comes to spousal support, which can make this a legally complex decision. If you are seeking or are trying to deny spousal support, you will need as much evidence as possible to present to the court to justify your assertions. That is where the services of an experienced divorce and family law attorney will come into play.

The Hunter Law Group, serving clients throughout Orange County, has the experience and legal skills you may need to resolve such complicated matters as spousal support, the division of marital property debts and property, child custody and parenting plans. Lead attorney Daniel Hunter has been practicing law for over a decade and has successfully represented clients in all types of divorce and family law matters in the local courts. To avail yourself of the firm's proven legal assistance, contact the firm for a case consultation.

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