A spouse seeking a divorce in California often asks, can I get alimony, also known as spousal support? Although a California Family Law judge has leeway in awarding spousal support, there are certain factors they do take into consideration.
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Permanent Spousal Support
Permanent spousal support is support awarded after temporary support has been awarded in your divorce. While temporary spousal support is “calculated” using a computer program, permanent spousal support is not “calculated” since the court are not allowed to use a calculator or computer program. The court is required to list and consider each and every factor in California Family Code section 4320 to determine the amount and duration of spousal support, if any.
California Family Code section 4320 Factors
A California Family Law Court will take into consideration the following factors to determine if a party should receive permanent spousal support:
- The earning capacity of both parties to maintain the standard of living established during the marriage;
- The marketable skills of the party to be supported and their ability to engage in gainful employment considering any care for dependent children.
- The extent of time the supported devoted to domestic duties.
- The extent to which one party contributed to the other party’s attainment of an education or training.
- The obligations and assets of both parties.
- The duration of the marriage.
- The age and health of the parties.
- Evidence of any history of domestic violence or criminal convictions.
- Any hardships affecting either party.