Rizio and Nelson California Law Blog

When a couple is legally separated or divorced, it is expected that the person with the primary income must financially support their former spouse. This is also called alimony. Historically, alimony arose from the idea that even though the husband and wife were no longer physically married, that is, no longer living together, the husband still had an obligation to support his wife because divorce did not really exist. Marriage was a lifetime bond, and was very rarely broken. However, in modern times, the judge can rule that either spouse must pay spousal support, depending on the situation of the couple. But in most cases, the husband earns more money than the wife, and therefore spousal support usually is paid to the wife.

There are many factors that the judge will use to determine how much alimony is paid. The goal is to maintain the standard of living that both parties were already living under. The incomes and potential incomes of both parties are the greatest factors that are taken into account. Potential income referrs to the marketable skills that the spouse who is to be supported may have to allow him or her to get a job. If not, the time and expense necessary for him or her to obtain job skills becomes a factor. Also taken into consideration is the education and/or certification of one spouse that was paid for by the supporting spouse during the marriage. If the couple has children, the amount of their child support is also a factor. If one spouse was voluntarily unemployed in order to raise the children, it is assumed that she or he must still be supported. The entire financial history of the couple is taken into account when considering spousal support.

The length of the marriage is also a very important consideration. The longer the marriage, the longer the spousal support continues. A marriage ten years or longer is considered a “lengthy marriage” in the eyes of the court, and has the potential for an indefinite amount of time that support must be paid. However, most courts do not grant lifetime alimony payments. As a general rule, half the length of the marriage is usually the duration that alimony must be paid. It is thought to be the amount of time that it takes for the couple to adjust from married life to single life. The court’s goal is for the supported party to be able to support himself or herself in a reasonable amount of time.

Some other factors that the judge may take into consideration are the age and health of the couple, the tax implications for each person, any criminal convictions that either spouse may have, and any assets or personal property that each has. Every situation is unique, of course, and the judge may take any number of factors into consideration that the court finds equitable. Because this is such a complicated process, the experienced lawyers at Rizio and Nelson will help you every step of the way.