Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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How is spousal support determined in California?

Stress over finances of one the leading causes of marital strife in Oceanside. Many people see such issues end their marriages. If this is happening to you, then you should understand that your financial considerations regarding your spouse may not end with your divorce. One of you may still end up having to pay spousal support to the other.

Many mistakenly assume that such support is automatically awarded to one party in a divorce, yet that is not the case. Rather, the court takes a number of different factors into consideration to determine if alimony should be awarded at all. These factors are outlined in California’s Family Code. Cases where alimony may be denied include:

  •          Your ex-spouse has sufficient separate, community or quasi-community property to support him or herself
  •          He or she is currently working to support his or her own livelihood
  •          You have been awarded custody of your children and are currently supporting them

If you or your ex-spouse is awarded alimony, the amount to be paid depends on whether both yours and his or her earning capacity is enough to maintain the same standard of living you both enjoyed while married. If you are the one being awarded support, the court considers, among other things, what marketable skills you possess and how quickly such skills can secure you gainful employment. If you put your career on hold so that your ex-spouse could pursue his or her own opportunities, the court also considers your contribution to his or her pursuits, and how your absence from the job market may have impacted your current earning potential. The court also considers how long your marriage lasted, typically determining that one-half of the length of your marriage is sufficient time for you to find a career and stop needing support. 

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

Del Mar Office
445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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301 Mission Avenue Suite 205
Oceanside, CA 92054

Phone: 760-712-3889
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