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What will a CA court consider in granting spousal support?

On Behalf of | Aug 1, 2014 | Alimony, Firm News |

Individuals in Stockton who go through divorce may find themselves worrying about many things as their marriages end. Some may fear how their kids will be affected. Others may be concerned about how their emotions will hold up under the stress of the process. Still others may question how they will be able to make ends meet without two incomes supporting the household.

Money can be a difficult issue to reconcile during divorce. When marriages end, couples must divide their assets and liabilities pursuant to the laws of the state. Courts may also assign spousal support if one spouse requests it and meets the requirements of receiving such support.

According to the California Courts, spousal or partner support is available to individuals who qualify. There are several factors that a court will consider in determining if an individual is qualified and, if so, how much money that person should receive. Courts primarily look at whether the requesting spouse has the skills, time and earning capacity to work to earn a sufficient living without receiving spousal support.

A court will also consider if the requesting spouse perpetrated or was the victim of domestic violence. Victims of domestic violence can in some instances receive support for their suffering. Conversely, a court can deny a spouse support if he or she has a history of abusing the other.

A final issue that a court will look at is the length of time a marriage or partnership lasted. The duration of a relationship can establish how long the support requirement will last for the paying spouse. When marriages and partnerships last for more than 10 years support can, under certain circumstances, be perpetual.

Divorce can throw a person’s life into upheaval. While divorce courts try to anticipate the needs of those engaged in the process, problems can occur that call into question a person’s eligibility for spousal support. Lawyers trained to work as family law representatives can guide their clients through the details of a support request and other elements of completing a divorce.

Source: The Judicial Branch of California, “Spousal/Partner Support,” Accessed July 29, 2014