

Important Factors Court Look At In Deciding Spousal Support
Duration of the marriage or domestic partnership
In cases involving a long term or permanent spousal support or alimony order, the court of law is obligated to align it with the length of the wedlock or domestic partnership. The basic aim of alimony is to ensure that the spouse receiving the support is able to meet the financial requirements of their sustenance and lifestyle within a stipulated time. The state law of California describes this stipulated time typically as half of the actual duration of the marriage or partnership. However, the same law also provides a discretionary power to the judge to make a deviation from the rule as per the requirement of the individual case.
A major deviation example will be in the case of long term marriages or partnerships that have lasted for a period of 10 years or more. In such cases, the judge has the discretion to entirely do away with the stipulation of an end date for the alimony, which will then carry on for a lifetime.
Domestic violence or abuse
While making a final alimony settlement, the judge is obligated to look for documented accounts or evidences of any domestic violence in the past, between the two parties involved. In case the abusive partner is supposed to make the alimony payments, the judge will evaluate the level of mental and emotional distress that the other partner may have suffered at the hands of their violent spouse.
Apart from this, in the event that a criminally convicted abusive spouse demands an alimony from his or her partner, the court may go for a rebuttable presumption against granting him the right of receiving any spousal or partner support.
There are several other considerations such as tax impact, standard of living, age and health, property and debts, unemployment and the like, that the judge has to account for before announcing a final verdict for alimony.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.


SHARE
RECOMMENDED
Dividing the Assets: Is a Business an Income or an Asset?
Are you a business owner facing divorce? Are you the spouse of a business owner facing divorce? Either way, you probably have questions about how the business is handled during…
10 Things To Do Before You File for Divorce
If you are considering filing for divorce, keep in mind this simple “to do” list that will help you avoid unnecessary trouble in your California divorce. 1. Do Not Threaten Divorce…















