Factors considered in spousal support requests

Spousal support is often a great point of contention for divorcing couples. This can happen for a number of reasons, perhaps because it keeps two parties who are legally ending their relationship sealed in an ongoing arrangement, or because it is regularly misunderstood and may seem unfair to one party or another. Understanding some of the basic tenets of spousal support can help you navigate this tricky area successfully.

Spousal support is founded in the idea that one spouse or another should not suffer a dramatic loss of quality of life because of the divorce, or, in extreme cases, lose shelter and safety. A judge considering spousal support will consider a number of factors to determine the amount of support that is appropriate to the situation and how long it should be paid.

These factors generally include the requesting spouse’s ability to command an income, and how long it may take the requesting spouse to obtain training to achieve better employment if they wish to do so. The judge may also consider sacrifices one spouse made in his or her career to support the other spouse during the marriage.

Other factors that may be considered include the length of the marriage and the age of the spouse requesting support. Also, a judge may take any documented domestic abuse into account. If the marriage persisted for more than about 10 years, spousal support may be ordered indefinitely.

These matters are never easy to approach when considering a divorce. If you need help with spousal support issues, do not hesitate to reach out to an experienced attorney who can help protect your rights and ensure a bright future as you walk through this difficult season.

Source: California Courts: The Judicial Branch of California, “Spousal/Partner Support,” accessed May 03, 2017