Should you fight for spousal support during your divorce2020-03-02T21:23:23+00:00

Should you fight for spousal support during your divorce?

The financial changes a divorce will bring to your life can be significant. You may have to make lifestyle adjustments and other changes that will affect your plans for your future and your daily spending habits. This is especially true if you earned significantly less than your spouse during your marriage or you did not work outside of the home.

If this is the case for you, you could be eligible for spousal support. These are payments from the higher-earning spouse to the lower-earning spouse in order to offset the economic inequity often brought about by a divorce. These payments can be long term or short term, depending on your individual financial situation and other factors. If you plan on pursuing this type of support, it may help to learn more about the factors that often affect eligibility.

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What will you get? 

Each divorce and financial situation is different, and the amount of support you will receive depends on the specific details of your individual case. Some of the factors a court will consider when determining a spousal support amount include:

  • Age and physical condition of both spouses
  • Financial condition of both spouses
  • Ability of one spouse to support the other
  • How long the marriage lasted
  • What the standard of living was while married

How long will payments last?

If you are capable of working, the court may decide that you will get these payments for a limited amount of time and you will be required to make every effort to become self supporting.  This may mean you will need to go to school or prepare to reenter the workforce. In some cases, the court may determine that it is appropriate to grant the recipient permanent spousal support. Most of the time, these payments will stop if you remarry in the future.

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Determine your best future

Some California couples are able to negotiate a reasonable agreement regarding spousal support payments. Whether it’s in settlement negotiations  or in the courtroom, you have the right to pursue a final outcome that allows you to have stability and security for the future. If you want to determine if you have a rightful claim to these benefits or how you can best obtain your best future, you may want to start by seeking a complete assessment of your case.

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