SPOUSAL SUPPORT IN CALIFORNIA

In many marriages, one spouse will earn the majority of the income for the family. Even in situations where two people with similar incomes marry, one may decide to put a career on hold for the benefit of the family as a whole.  This is especially common when couples decide to have children. In some marriages, one spouse will support the couple or family through domestic duties while the other advances his or her education and ability to provide financially for the family.  Since spousal support involves anywhere from thousands of dollars to millions of dollars depending on the specifics of your case, it is highly recommend that you hire an experienced San Diego spousal support attorney to represent your rights, irrespective of whether you are the higher or lower earning spouse.

EQUAL CONTRIBUTION BUT UNEQUAL COMPENSATION

Though both spouses may be making equal contributions to the family’s total welfare and quality of life, one spouse will be providing most of the income, while the other will be performing the equally important task of raising children, running the household, creating a positive home environment and, in some cases, working behind the scenes to advance the other’s career and reputation by creating or strengthening important social relationships and being involved in the community. This typically involves sacrificing other opportunities for career and income advancement.

In a divorce where a couple have unequal incomes, the law deems it appropriate, in most cases, for the spouse who has been supported during the marriage to continue to receive support, commonly called alimony but referred to in California as “spousal support.” Where the supported spouse has less earning potential than the supporting spouse, and especially when the supported spouse will continue to be the primary caretaker of the children, it is reasonable for the support to continue either permanently or temporarily, depending on the circumstances.

HOW COURTS DETERMINE SPOUSAL SUPPORT IN CALIFORNIA

California law gives the court a large amount of discretion to determine whether spousal support is appropriate, and if it is, the amount and duration of the support. Ideally, the couple will agree between them on an appropriate support plan. However, in the event there is no agreement the attorneys at Mellman & Mellman, LLP will assist you in evaluating the factors that typically affect the determination of spousal support:

  • The ability of each spouse to earn enough to maintain the standard of living enjoyed during the marriage
  • The skills and work experience of the supported spouse and the demand in the workplace for those skills
  •  The amount of time and the cost of education or job training required to develop marketable employment skills, where they are lacking
  • What the supported spouse sacrificed in earning capacity by quitting work to stay home to raise children, create a pleasant home environment for the family, and perform other domestic, social, and community functions
  •  Whether the supported spouse with custody of the children can work outside the home without a negative effect on the children
  • How much the supported spouse contributed to the supporting spouse’s career and earning ability, for example by providing for the family while the other was obtaining higher education in to obtain a university degree or professional status
  • The financial capability of the supporting party to pay spousal support
  • The, age, health, and specific needs of each party
  • The total assets and obligations of each party
  • The duration of the marriage
  • Any history of documented domestic violence
  • Tax considerations for each party

DO NOT GAMBLE WHEN IT COMES TO SPOUSAL SUPPORT – YOU NEED AN EXPERIENCED ATTORNEY FIGHTING FOR YOU

It will be in your absolute best interest to hire the services of an experienced, thoughtful, and aggressive San Diego, CA family law attorney to represent your interests in spousal support negotiations with your spouse and in court. At Mellman & Mellman, LLP, our skilled team of attorneys understands the legal and personal issues involved in the calculation of spousal support in California and have a superior record of success in obtaining excellent results for our clients. Contact us today to schedule your free, no-obligation consultation.  We can also be reached anytime at (619) 304-0600.