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A person’s earning capacity is factored into an alimony award

On Behalf of | Nov 4, 2015 | Alimony, Firm News |

In some Stockton families, both parents work outside of the home. In others, one parent works primarily in an out-of-the-home occupation, while the other works primarily on the management of the household. In either scenario, should the parents in a family divorce, the California court evaluating its marital dissolution will assess the earning capacities of the individuals when deciding if alimony should be awarded.

Earning capacity is a complicated concept. It can involve the actual income that each spouse earns. It can include an assessment of how much money a spouse could earn in a job outside the home if that spouse previously worked only in the home. It can also involve a review of the costs and benefits associated with training an individual to find outside employment during the period of time after his or her divorce.

Alimony or spousal support is sometimes temporary, and that temporary support is generally intended to allow a person enough time and financial assistance to prepare for financial independence in the post-divorce world. Without a sufficient income, a person generally will struggle to survive; when determining if a spouse should receive support from his or her soon-to-be ex, a court will evaluate many factors to make a sound decision.

The earning capacities of two spouses can vary greatly depending upon the educations, work experiences, and other factors each individual has in his or her personal occupational history. Spousal support is available to both husbands and wives, and in some cases a court may decide that no spousal support is needed if both individuals leave the marriage with the ability to financially care for themselves. To learn more about spousal support and if it may be available in a particular family law case, readers of this blog may choose to contact their divorce attorneys.