California Alimony Attorney
Determining spousal support (alimony) in the state of California can be rather complex, made only more complex through the elimination of the alimony tax deduction, effective as of January 1, 2019. While courts retain a significant amount of discretion in these calculations, alimony is affected by the length of the marriage, the spouses' income levels, and a number of other factors.
Calculating Spousal Support in California
In California, courts take the following factors into account when calculating spousal support:
- The ability of each party to maintain the standard of living established during the marriage (taking into account any marketable skills of the supported party and any extent to which the present or future earning capacity of the supported party will be impeded by periods of unemployment incurred during the marriage due to domestic duties);
- Any contributions the supported party made to the supporting party by way of training, education, licensing, etc.;
- The ability of the supporting party to pay alimony, taking into account their earning capacity, income, assets, and standard of living;
- The needs of each party (based on established standard of living during marriage);
- Any assets and/or obligations of each party;
- The duration of the marriage;
- The ability of the supported party to be gainfully employed without “unduly” interfering with any dependent children/custody arrangements, including the goal that the supported party be self-supporting within a reasonable amount of time;
- The age and health of each party;
- Any history of domestic violence;
- The tax consequences of an alimony award to each party;
- The balance of hardships to each party;
- Any criminal convictions of an abusive spouse; and
- “Any other factors the court determines are just and equitable.
Contact our office to discuss your spousal support options today by filling out the contact form on this page or by calling (818) 740-2122.