Spousal Support: What to Expect & Factors Judges Consider

Spousal support, also known as alimony, is an important topic for consideration in a California divorce. Being able to understand how a family court evaluates post-divorce financial support is a benefit of hiring experienced California divorce attorneys to represent you in a divorce.

The client-focused legal team with Gilligan, Frisco, Trutanich & Saris, LLP fight for the rights of their clients. Contact our office today to learn more about how we can help you in a divorce case.

Spousal support factors California family courts consider most important

A range of factors is considered by California family courts related to spousal support. Examining each of these factors and how they interact with your particular case is a major part of preparing for a divorce.

Length of the marriage

The length of your marriage matters significantly when it comes to the awarding of spousal support. The key marital length for our considerations is ten years. A ten-year or longer marriage is considered long-term. On the other hand, a marriage lasting less than 10 years is considered short-term.

The distinction between long-term and short-term marriages goes a long way towards determining any spousal support award. Long-term marriages allow a family court judge to award support for a duration exceeding the length of the marriage itself. Whereas, a short term marriage typically allows a judge to award spousal support for a period not to exceed one-half of the length of the marriage in terms of years.

What did you and your spouse contribute to the marriage?

Both financial and non-financial contributions to the marriage matter when determining whether to award spousal support. Whether a spouse worked outside the home or not, a California family court can weigh that particular contribution prior to awarding spousal maintenance.

For example, a stay-at-home spouse and parent who never worked outside the home can still be said to have contributed significantly to the marriage. This is true even though that spouse did not earn an income at any point during the relationship. Parenting, caring for the home and acting as the support system for the income-earning spouse are all valuable contributions in and of themselves.

What are the needs of each spouse?

A third and important factor that California family courts consider when determining spousal support is each spouse’s income and needs. The income-earning potential of each spouse, combined with their education, professional experience (if any), and job skills matter when assessing whether and how much spousal support to award.

Contact Gilligan, Frisco, Trutanich & Saris, LLP to secure your post-divorce life

Preparing for a divorce and the possibility of spousal support takes planning and intentionality. There is no better group of legal professionals to help you than Gilligan, Frisco, Trutanich & Saris, LLP. Contact our office today for a free consultation.