Spousal Support

Basis of Spousal Support

Factors To Be Considered

Duration of the Marriage

Spousal Support Representation by Equal Justice Law Group

Spousal support can be one of the highest-cost elements in any divorce. Imagine payments every month for 20 years or more — it is entirely possible, if you don't know your rights and retain an attorney with decades of experience in handling spousal support claims.

Equal Justice Law Group focuses on spousal support claims arising from divorce. Our attorney, David Foyil, having served thousands of clients during his two decades of legal experience.

If you are being sued for spousal support, we will work to ensure you pay only what the law requires.

Get the answers you need. Contact Equal Justice Law Group today. With offices in Sacramento, Sutter Creek and Placerville, we're nearby and ready to serve you.

And as always, your case evaluation and initial consultation are both confidential and absolutely free.

The Basis of Spousal Support

California courts use a primary standard to determine if spousal support is even warranted. The bottom line is this: is the earning capacity of each party in the marriage sufficient to maintain the standard of living established during the marriage?

If so, then spousal support is unlikely. If not, the dominant wage earner may be required to pay spousal support to maintain the ex-spouse's standard of living.

Factors To Be Considered

California courts will consider any evidence considered just and equitable to make its determination. Common factors include:

  • Skills, education and training of the parties
  • The extent to which one party did not work during marriage (due to domestic duties, usually)
  • The age and health of the parties

…and perhaps most important, how long the parties were married.

Duration of the Marriage

Were you married for 10 years or more? California law deems marriage of 10 years (or longer) to be “long duration” marriages.

As a result, this means the court is not permitted to set a termination period for spousal support. This is why you will require an experienced attorney – to help you understand your case and plan a strategy to minimize your costs, wherever possible.

Married for less than 10 years? California law says support may last no longer than half the length of the marriage.

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