Alimony is an aspect of divorce not many like thinking about. Also known
as spousal support, it is money one spouse pays to the other for a certain
period, to help the other continue with the standard of life they are
used to. Individuals pay alimony for a number of reasons and the amount
varies from couple to couple. The judge looks for multiple factors when
determining how much spousal support a person will have to pay.
Common defining factors a judge looks for when assigning alimony:
The length of the marriage – The judge looks at how long two people have been married. The longer the
marriage, the more likely it is that a spouse will receive spousal support.
This may be because in older marriages, one spouse may be out of the workforce
longer, thus making it difficult for them to obtain the skills and jobs
they need to support themselves.
Income of each party – Is one spouse the sole provider? Do both spouses have jobs? The judge
will look at how much each spouse makes. They will also look at the earning
capacity of each spouse, regardless of whether they have a job yet. Mental
and physical health play a factor, because that will also affect how much
income a party can generate.
The needs of each party – If a spouse gave up a career to be the sole homemaker, they will have
greater need for spousal support. It will take time for them to find jobs
and / or obtain the skills they need to work that job.
The ability of a spouse to seek work – The judge will consider the physical and mental health of an individual.
If someone lives with impairment, it might make it more difficult for
them to obtain a job.
Standard of living – The judge considers the quality of life each spouse was accustomed to
during the marriage. This factor affects how much one spouse may have
to pay the other.
For a fair divorce settlement, you should seek the legal representation
you need. Whether your divorce is fraught with contention or amicable,
an experienced divorce attorney can help move the process more smoothly
and efficiently. Call our San Bernardino spousal support lawyers today
for a free consultation.