Alimony, also known as spousal support, plays a significant role in California divorce proceedings. Alimony aims to preserve the standard of living established during the marriage.
In cases where both parties are gainfully employed, alimony remains a consideration.
Nature of alimony
Its intent is not to serve as a punitive measure but to assist the receiving spouse in achieving financial independence while maintaining a standard of living comparable to that of the marital period.
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Determining alimony in California
California courts consider alimony on a case-by-case basis, guided by the factors listed in the California Family Code, Section 4320, which include:
- The duration of the marriage
- The standard of living during the marriage
- The age and health of each party
- The earning capacities of each spouse
There are many additional factors that the state considers, and courts also pay attention to the supporting spouse’s ability to pay alimony.
The critical factor for dual-income spouses is not actually employment. It is their comparative financial resources post-divorce. If there is a large gap in the financial outlooks between the exes, the spouse in the better position may have to pay spousal support to the other.
Alimony in California is an intricate system.
When you and your soon-to-be ex divorce, even if you both work, the law will seek to find an equitable future for you both. Depending on what side of the “equation” you may be on, you may see this as a good or bad outcome.
However, it is key to remember that alimony is not just a matter of salary. It is a global look at the financial outlook of both, and that will include many factors that are not simple to discern and are often up for discussion. This intricate, complex system is why you should turn to a skilled, experienced family law attorney.
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