For those divorcing in the Newport Beach area, one of the primary concerns most people have is whether they’ll still be able to afford the cost of living here after their marriage ends. That’s often particularly true for those whose spouse has a considerably higher income than they do or for those who have been a stay-at-home parent and largely out of the full-time workforce for some time.
Even with a 50/50 split of all assets acquired by either or both parties during a marriage under California’s community property law, the lesser-earning spouse can experience a drastic change in their standard of living without the income to maintain it.
How is alimony determined?
That’s where spousal support (alimony) can help even things out. Under California law, one of the factors judges can consider when determining spousal support is the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.”
Other factors include how long the marriage lasted, the age, health and earning potential of each spouse and the “extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.” If one spouse gave up their dream of getting an advanced degree or starting a business so they could work to put their spouse through medical school, for example, that can and should be a consideration.
It’s important to understand that divorcing spouses have a right to seek property division and support agreements that will allow them to maintain something close to the standard of living they’ve become used to over time if their soon-to-be ex can afford to provide that without significantly lowering their own standard of living.
Having experienced legal guidance can help spouses seek the resources to which they’re entitled under the law to help them move forward after divorce on a sound financial footing.