Factors that Determine Alimony/Spousal Support in California
Although you can find calculators online that purport to determine the alimony that will be awarded in your case, the truth is that in California, the judge does not use a formula to decide spousal support. Instead, the judge will consider a wide variety of factors to decide the amount of the support order. In some cases, no alimony will be awarded. The factors that the judge considers come from California Family Code section 4320. These factors include all of the following:
- The length of the marriage or domestic partnership;
- What each person needs based on the standard of living they had during the marriage or domestic partnership;
- What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
- Whether having a job would make it too hard to take care of the children;
- The age and health of both people;
- Debts and property;
- Whether one spouse or domestic partner helped the other get an education, training, career, or professional license;
- Whether there was domestic violence in the marriage or domestic partnership;
- Whether one spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
- The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships).
If you want an estimate of how much alimony may be ordered in your circumstance, call (949) 363-5551 for a confidential initial case evaluation.
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Call our office today. John A. Bledsoe is Orange County’s premier divorce attorney and a certified family law specialist. Our firm offers a confidential initial case evaluation. Call (949) 363-5551 to learn more.
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