Filing for divorce can be a very emotional and difficult time for anyone. Once an action for dissolution of marriage or legal separation has been filed, the Court can address the issue of spousal support by carefully reviewing numerous factors. If you are unable to settle or resolve the issue on your own, your attorney will need to help you develop a detailed plan. In issuing spousal support, the court will consider all of the following circumstances:
- the extent to which the earning capacity of each party is sustainable enough to maintain the standard of living like it was during the marriage
- the extent to which the support party contributed to the education, training, career position or license by the supporting party
- the ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets and standard of living
- the needs of each party based on the standards of living established during the marriage
- the assets of each party
- the duration of the marriage
- the ability of the supported party to engage in gainful employment without interfering with the interests of dependent children in the custody of the party
- the age and health of the parties
- any criminal convictions
- any other factors that the court determines are just and equitable
Keep in mind there is no legal obligation to pay spousal support by one party to another until there is a Court order. In limited situations, the Court can order spousal support in a nullity action. A Court order is obtained by filing a Notice of Motion or an Order to Show Cause and attending a scheduled hearing.
If you feel that you may have a potential case pertaining to family law please call (805) 879-7523 or click here to email us and have an attorney contact you about your case.