In determining alimony or spousal support, the court generally looks at the standard of living during the marriage. There are several factors used in determining whether or not alimony should be paid:
· The needs and financial condition of the recipient spouse
· The recipient’s earning capacity or ability
· The ability of the payor spouse to provide the support
· The length of the marriage
· Custody of the children
· Etc.
Regarding a long-term marriage – If one spouse’s earning capacity has been enhanced through the efforts of both during the marriage, the court may make an adjustment in dividing the marital property and awarding alimony. Regarding a short-term marriage with no children – the court may restore each party to the condition which existed at the time of the marriage.
If you are going through a divorce and are required to pay financial support, contact an experienced Orange County Family Law attorney who can help you understand the calculations and advise you on what is fair.
