In California, divorce court judges must approach the possibility of assigning alimony payments. These requirements are based on several factors that apply to the marriage. This assignment is required to provide assistance when a spouse cannot manage these requirements on their own. A Spousal Support Lawyer in Folsom CA provides guidance for spouses that are seeking alimony in a divorce case.
Earning Capacity of the Spouse
The current earning capacity of the spouse requesting alimony is evaluated. The purpose of the evaluation is to determine if they have the capacity to support themselves as they are accustomed. If the marriage lasted beyond eight years, alimony is required if they cannot maintain the same financial level achieved during the divorce. If they cannot earn a fair value, the judge assigns alimony to make up the difference.
An Assessment of the Spouse’s Education and Employment Experience
The judge reviews the spouse’s education and employment experience. This evaluation determines if they require further educational programs to increase their earning capacity. When this is a possibility, the judge may allow the spouse to pay the full cost of the educational program instead of alimony. If an educational program isn’t a possibility due to a mental disorder or developmental issue, alimony is provided.
The Lifestyle Achieved During the Marriage
The lifestyle achieved during the marriage is a major factor when alimony is determined. When earning capacity is unbalanced significantly, the judge provides alimony to make the spouse’s life after the divorce more comfortable. The court requires alimony to allow for the same or similar lifestyle after the divorce. If the marital estate is larger than average, the judge may provide a larger portion to the spouse with the lower earning capacity. When this occurs, alimony may be avoided.
In California, divorce courts assign alimony to reduce the financial burden of a spouse. This assignment is available to them temporarily or throughout their lives. If the spouse receiving alimony remarries, the court could suspend these payments. If a spouse needs assistance gaining alimony, they should hire a Spousal Support Lawyer in Folsom CA by contacting Attorney Hugh O. Allen for more information today.
