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How is spousal support calculated in California?

Financial support is a significant concern for spouses seeking it during their divorce. It is also likely a significant concern for the spouse that would be paying support following the divorce. Because spousal support is important to both spouses during the divorce process, it is helpful for them to understand how it is calculated in California.

Spousal support may be awarded in California after the court considers a number of factors. Factors the family law court may consider when determining spousal support include the length of the marriage or domestic partnership; the standard of living the couple enjoyed during the marriage or domestic partnership and the needs of each of the spouses or partners based on that standard of living; the ability of each of the spouses or partners to maintain that standard of living including their earnings and earning capacity; the age and health of the spouses or partners; and the property and debts of the spouses or partners.

In addition, the family law court will consider the impact employment would have on the care of the children; if one of the spouses or domestic partners helped the other obtain education, training, career development or a professional license; if the career of one of the spouses or domestic partners was impacted by unemployment of caring for the children and the home; the tax impact of the spousal support; and if there was any domestic violence in the marriage or domestic partnership.

In addition to how spousal support is calculated in California, there are other considerations to take into account as well, including the type of support and how long it will be awarded because there are different types of spousal support that may be considered. When spousal support comes up during a divorce, the divorcing spouses or partners should ensure they understand as much as possible about how spousal support is awarded which can help them through the spousal support process. This can also help ensure that his or her rights are protected throughout the process as well.

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O'Brien Family Law, PC 

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Sacramento, CA 95814

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