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.
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.