When you are going through a divorce, one of the things that becomes the most apparent is the change in financial stability, not only are you going to be downsized half your income, the challenging part is transitioning and adapting. Are you unsure if you can obtain spousal support? How is that determined and what are the factors a judge will consider when deciding spousal support?
So the judge will look at what each spouse can earn to keep a standard of living close to what each had during the marriage. According to the California Courts The Judicial Branch of California when the judge makes the final decision of the spousal support order he takes into account the following factors:
- The length of the marriage or domestic partnership;
- What each person needs based on the standard of living they had during the marriage or domestic partnership;
- What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
- Whether having a job would make it too hard to take care of the children;
- The age and health of both people;
- Debts and property;
- Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license;
- Whether there was domestic violence in the marriage or domestic partnership;
- Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
- The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships)
The final spousal support order becomes then part of the divorce agreement, and by law the spouse order to pay support must follow the indications of payment. If there are changes in income and cannot make the support payments there are options for you, for example modification of spousal support agreement. To get a clear understanding of how spousal support works, speak to a family law attorney. Don’t wait, get in touch with a legal professional, and know all your available options.
