The main reason why spousal support is established in California is to
assist a supported spouse in continuing their standard of living that
they experienced when they were married. However, the ultimate purpose
for the spouse is to eventually become financially independent.
Prior to administering this type of support, a court will examine the following
circumstances:
- The supported spouse’s marketable skills
- The job market associated with those skills
- The time and expense the supported spouse needs to obtain education or
training for employment or enhanced employment opportunities
- The extent to which the supported spouse’s present or future earning
capacity was impaired by periods of unemployment due to domestic duties
during marriage
- The extent to which the supported spouse contributed to the other spouse’s
educational goals, training, professional licensing and career advancement
- The supporting spouse’s ability to pay support, taking into consideration
earning capacity, earned and unearned income, assets and standard of living
- The needs of both spouses according to their marital standard of living
- Each spouse’s obligations and assets, such as separate property
- The duration of marriage
- Each spouse’s age and health status
- The capability of a spouse, who is also a custodial parent, to engage in
beneficial employment without immensely interfering with their child’s interests
- Any documented history of domestic violence by either spouse
- The direct and specific tax consequences to each spouse
- The balance of the hardships to each spouse
- The goal in which the supported spouse will be self-supporting within a
reasonable time period; presumed to be one-half the length of a marriage
unless the marriage was longer than 10 years.
Contact the Center for Mediated Divorce today to request a case consultation with our compassionate Irvine divorce
mediation attorney.