What does the judge consider when awarding spousal support?

What does the judge consider when awarding spousal support?

| Mar 5, 2020 | Spousal Support

The main goal of spousal support is to help a spouse who may have troubles after the divorce with finances. When a judge awards support, he or she must consider a variety of factors that will allow the judge to ensure support is necessary. The things the judge considers relate to various aspects of your earning ability and your spouse’s earning ability, along with other financial aspects.

The California Courts explains that in determining spousal support, the judge will try to help each spouse maintain a standard of living that is similar to that which they had during the marriage. In some cases, this will mean no support award.

The judge will look into financial details about you both. This includes your earnings and potential to earn money. He or she will consider your training, education and work background. If one of you is not working, the judge will look for a valid reason for this because the intention is that spousal support is not a long-term income source. The judge will consider if you can find employment and how long you may need to prepare for a job.

The court will consider factors that could impact earning capabilities, such as your health and if you have minor children that one of you care for full time. It will also look at how long your marriage was and the contributions to the household you each made during the marriage. The judge will also look at the property division in the case to see what assets you each have, along with any separate property you each own.

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