Factors Considered by the Court when Determining Alimony

In California, the courts have discretion to determine child support and spousal support. When deciding on alimony, they will consider a wide variety of factors.

Age & Health

First of all, the California courts will look at the age and the health of the spouses petitioning for alimony. The court will also determine the physical and emotional conditions of each spouse. They will look at the duration of the marriage, and the financial resources of each spouse.

Breadwinners & Financial Hardship

This includes their comparative earning abilities in the labor market. If one spouse stayed home and did not earn an income while the other acted as the breadwinner for the family during the marriage, then there is a high likelihood that the spouse that stayed home may be eligible for alimony because of his or her financial limitations. Also, the court will look at how alimony affects each spouse's taxes and will work to use the finances to balance the hardships of each party.

Standard of Living & Earnin Capacity

In addition, the court will look at the standard of living that was established during the marriage, and the time necessary that it will take to acquire the education and training to help an unemployed spouse find a place of employment. The court will then consider that spouse's future earning capacity. Alimony is also granted based on who will be caring for children from the marriage and whether or not it is appropriate for a spouse to seek outside employment while caring for the children.

Marital Contributions

The court also looks at the contributions each spouse gave to the marriage. These include services rendered in homemaking, child care, career building, and education. If you want more information about alimony considerations, or plan to petition for alimony during your divorce and need assistance, then talk to a Los Angeles divorce attorney today for more information.