Santa Cruz County Divorce Attorney

What is Spousal Support?

Spousal Support or Alimony is a common issue to be resolved during divorce. The parties may determine a proper amount as part of their separation agreement or pre-nuptial agreement. However if an agreement cannot be reached then the court may decide the issue of spousal support.

The court will look at a number of factors to determine if awarding spousal support is proper. Some of the factors to be looked at by the court include:

  • earning capacity of each spouse
  • ability of a spouse to pay
  • obligations and assets of each party
  • duration of marriage
  • ability of supported spouse to work and care for children
  • goal of supported party to be self supporting in a reasonable time

Whether spousal support is decided by the parties or the court, the goal is to alleviate the financial disparity that can occur after divorce. Spousal support should allow both parties to maintain the same quality of life that existed during marriage while the supported spouse works toward financial independence.

As your attorney my goal is to make sure your rights are protected during the process. If you are the supported spouse you should not be deprived the same opportunities the other party has because financial difficulties. As a supporting spouse you have a right to expect the other party to take reasonable steps to become financially independent.