There are so many important variables during a divorce—and alimony is one of them. To determine the amount you could expect to receive from your spouse in the event of a divorce, call 909-482-1422 to make an appointment with Kendall Gkikas & Mitchell. There is no certainty when it comes to divorce terms, especially those pertaining to alimony, but there are some set policies according to California state law. Read on to learn what these policies indicate.
The policies set forth by California law are only followed if a divorce goes to court. It’s best to try as much as possible to reach an agreement between the spouses outside of court, in mediation, because only you and your ex can really know what’s best for you.
A judge will shape his or her ruling according to California law while his or her best judgment, but fundamentally, the judge is a stranger to you. Working hard to reach an agreement outside of the courthouse is a much wiser course of action, but if an agreement absolutely cannot be reached, the California court system can step in and decide on your divorce terms, including alimony, for you.
Here are the policies California state courts abide by when dealing with alimony cases:
The court considers whether the earning power of each party is enough to maintain the same standard of living established during the marriage, especially:
- What are the marketable skills of the supported party, and are there jobs available that would fit those skills? How much time and expense would be necessary to acquire the appropriate education or training to develop those skills further? Does the supported party need more education to acquire other skills or employment?
- At what extent did the supported party’s present or future earning capacity diminish because of periods of unemployment that occurred during the marriage for the sake of fulfilling domestic duties (childcare, home cleaning and maintenance, etc.)?
- At what extent did the supported party contribute to the achievement of education, career position, or a license of the supporting party?
Financial factors that impact the court’s decision include:
- Is the supporting party able to pay spousal support? Earning capacity, earned and unearned income, assets, and standard of living will all be taken into account.
- What are the needs of each party based on the standard of living established during the marriage?
- What are the obligations and assets of each party?
- How long did the marriage last?
- What are the immediate specific tax consequences for each person?
- Is the supported party able to have gainful employment without interfering with the welfare of any dependent children in his or her custody?
Read part 2 to find out additional factors that could impact your divorce court ruling about alimony.
Schedule an appointment to speak about the specifics of your divorce case by calling 909-482-1422 or emailing info@parents4children.com.
