Kathleen J. Smith, Attorney at Law

Will you be eligible for spousal support after your divorce?

The end of a marriage will bring many significant changes for both parties. Some of the most significant adjustments you will have to make involve finances. You have concerns about your financial stability after your divorce is final, but it is possible you could be eligible for spousal support payments. 

Spousal support, also called alimony, can be a contentious and difficult subject for California couples to address. If you think you could be eligible for these types of payments, you would be wise to act decisively to protect your interests and fight for a fair support order. When it comes to your financial security after divorce, you would be wise to seek a full understanding of your legal options.

What factors determine spousal support? 

Various factors affect whether or not a person could be eligible for financial support. The intent of this type of support is to lessen the unbalanced economic impact that a divorce can bring for the lesser earning spouse. In some cases, it is possible for a couple to address spousal support reasonably in a negotiated divorce order, but that might not be realistic for you.

When deciding on the issue of spousal support, a court will take into account various considerations. These factors determine whether or not a person will receive support, how long he or she will receive support and the amount of these payments. Some of these considerations include:

  • How old the spouses are at the time of divorce and whether or not they will realistically be able to change their financial circumstances
  • The income of both parties, as well as their earning capacities
  • Whether or not the lesser-earning spouse gave up a career to raise children while the other worked
  • Whether or not one party will need additional education to re-enter the workforce or earn a higher income

Spousal support can be permanent, but it is also possible it could be only for a temporary period, allowing the lesser-earning spouse to go to school, find a job and more.

Your financial future is on the line

The decisions made during divorce and the terms of your final order will affect your future for years to come. You do not have to wonder about how you will support yourself and make ends meet, but you have the right to fight for a fair financial order and necessary support. A complete evaluation of your case can help you understand your rights and options.

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