Spousal support can give your finances the boost they need to get you back on your feet after a divorce. However, California courts follow specific protocols in determining when to require alimony.
When you know some of the conditions that apply to spousal support, you may have a better idea of what your divorce settlement could look like.
Length of relationship
The length of your marriage is one reigning factor that courts will assess in regard to alimony. According to the California Courts, the length of your marriage may not only influence whether or not you receive alimony, but also the duration of payments. Often, if your relationship exceeded 10 years, the courts may not issue an expiration or end date for alimony payments. However, sometimes there are exceptions to these rules, particularly if you have notable earning potential or your ex faces financial hardship.
Earning capacity
Your earning capacity will also influence alimony decisions. The courts will look closely at your role in the marriage and whether or not you currently have a job. Factors including your standard of living, your education level and your ability to reasonably afford your living expenses will all help determine your need for additional financial support.
If the courts recommend spousal support, work your budget around payments. Never rely on alimony to meet your financial obligations. If your ex is unable to make payments or ignores the court order, you can file a motion in court alleging contempt. An attorney can help you describe your need for consistent support to hopefully change the outcome and hold your ex responsible for delinquent payments.