As you work through your divorce proceedings in Fullerton, you will eventually come to the discussion of spousal support, or alimony. This can wind up being a very difficult conversation, especially if your spouse doesn't want to pay the amount you need to live on your own until you can get back on your feet. Let's take a look at how spousal support is calculated by the court.
Courts are given their own discretion when it comes to determining the amount of spousal support and how long it will last, which is very different from determining child support. There are some recommendations that courts should look at before issuing a ruling on spousal support, and those recommendations were made by the Uniform Marriage and Divorce Act.
The considerations that courts must look at when determining the amount and length of spousal support include the following:
- The amount of time the spousal support recipient needs to obtain training or education for a new job
- The physical condition, age, financial state and emotional state of both of the spouses
- The standard of living that both spouses enjoyed during the marriage
- The ability of the spouse making the payments to support him or herself and the recipient of the spousal support at the same time
- The length of time the marriage lasted
The discussion of spousal support can be tricky for anyone involved in a divorce in California. The more you know about how it is calculated prior to standing in front of a judge, the easier it will be to prepare for the ruling.