Financial stability after divorce is typically a top priority for spouses who are ending their marriage. As such, people often wonder if they will have to pay or be able to receive spousal support.
While every case is different and must be examined on its individual merits, there are some general guidelines that can provide guidance regarding whether a person will receive spousal support. Below, we look at some factors that could lower the chances of a person receiving spousal support in California.
- Financial independence: Support is generally reserved for people who will be at a financial disadvantage after the divorce and will not be able to support themselves. If a person has a job and/or substantial assets, there may be no need for support.
- Domestic violence: In this state, there is a presumption against ordering support for a person who has abused the person who would be paying support. However, it is possible to challenge this presumption.
- No request: If a person does not request spousal support with a court case, there can be no order for support.
- No ability to pay: One of the many factors courts consider when assessing requests for support is whether paying support is even feasible. If the person who would pay support does not have the financial capabilities to pay and maintain an adequate standard of living, then the courts can deny a request.
These four factors could prevent a person from receiving spousal support in this state. However, keep in mind that factors like having a prenuptial agreement could change things.
Again, these are general guidelines, so it is important to discuss your specific case with an attorney. Every case is different, and you should not make assumptions about your legal options without consulting a legal representative familiar with family laws in California.