San Jose Spousal Support/Alimony Attorney

What is spousal support?

Spousal support, or alimony, is the payment from one spouse to another for support after a divorce or during a separation.  Pursuant to Cal. Fam. Code § 4320, the following factors are considered by California courts in awarding spousal support:

• the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account the marketable skills of the supported party or the need for training or education to develop such skills;
• the extent to which the supported party's present or future earning capacity is impaired by unemployment incurred during the marriage to permit the supported party to devote time to domestic duties;
• the extent to which the supported party contributed to the supporting spouse’s attainment of education, training, a career position, or a license;
• the supporting party’s ability to pay spousal support, with regard to the supporting party's earning capacity, earned and unearned income, assets, and standard of living;
• the needs of each party based on the standard of living established during the marriage;
• the obligations, assets, and separate property of each party;
• the duration of the marriage;
• the ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in that party’s custody;
• the age and health of the parties;
• documented evidence of any domestic violence;
• the tax consequences to each party;
• the balance of the hardships to each party;
• the goal that the supported party shall be self-supporting within a reasonable period of time;
• the criminal conviction of an abusive spouse; and
• any other factors the court determines are just and equitable.

 To learn more about spousal support in California, contact our Spousal Support/Alimony Lawyers in San Jose today for a free consultation.