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Scott Law Offices - San Diego Spousal Support Lawyers Fighting for Your Rights
When two people get divorced, much of what occurs as the parties work towards a final dissolution is set out in the California statutes. As a community property state, most assets assigned to the marital estate are divided according to a relatively set equation. However, there are remedies to a divorce that are not always part of the final dissolution, and one of them is spousal support, which is commonly known as alimony.
Below are the considerations that judges are required to consider when one party moves for spousal support after a divorce. However, rather than attempt to convince the presiding judge to consider these factors in certain ways yourself, you need to put your best foot forward by securing the help of a San Diego spousal support attorney.
Statutory Considerations
California law puts forth 14 different factors that should be considered by a judge when the issue of spousal support is relevant to a case. These factors include:
- The ability to the marital standard of living in light of earning capacities - The law tacitly provides that one party to a divorce should not be forced to suffer in terms of lifestyle because of the divorce, and the ability to earn one's own standard of living is considered.
- Contributions to the other spouse's education, licensing, etc. - Many marriages begin where one spouse supports the other while he or she goes to school. This is taken into consideration if the parties seek a divorce.
- The supporting spouse's ability to pay - Obviously, a court will not order spousal support if it puts the supporting spouse in a position of financial peril.
- Needs relative to the marital standard of living - Needs is a term that tends to make people think of food and shelter. However, needs can encompass more than those necessities in a divorce setting.
- Assets and debts of the parties - When a marital estate is divided, each party will likely walk away with certain assets and certain debts. Those are taken into consideration when deciding on a motion for spousal support.
- Duration of the marriage - Generally, the longer the parties have been married, particularly if one spouse has not worked for many years, the more likely it is that a support order will be issued.
- The employability of the custodial spouse and the impact on children - The judge will consider whether the spouse who has custody of the children can find gainful employment and whether securing such employment will negatively impact the children of the marriage.
- General age and health of the parties - There is no hard-and-fast equation for this factor, but rather the judge must seek an equitable solution.
- Domestic violence - Any history of domestic violence must be documented and proven in order to be considered in regards to spousal support.
- Tax consequences - There are situations where any spousal support could create taxable events that would place undue burden on one or both parties.
- Goal of self support - Most spousal support considerations should include analysis of whether the supported spouse can eventually support him or herself.
- Relative hardships - This involves basic equity and the judge's duty to not impose unfair burdens on the supporting party.
- Conviction for spousal abuse - Any record of a conviction for spousal abuse is a required factor to consider.
- General equity - Overall, the judge must move towards a spousal support decision that's fair to both parties.
How to Proceed
Of course, even if the original decision is made regarding spousal support, it does not mean that it cannot be terminated or modified should circumstances change. If you need help with this issue, contact the San Diego spousal support lawyers at the Law Offices of James D. Scott today to schedule an initial consultation.
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