Spousal Support Q & A

The following is a sample of various emails discussing custody and visitation issues.

 

Dear Salomon

My husband and I are getting a divorce after 6 years of marriage. We have 3 children and I am wondering how the State of California goes about determining the amount of alimony that will be paid. I have not worked for the last 5 years because I stayed home with the children. Is this basis for alimony? I would appreciate any information you can give me on this subject. Thank you

Lonestar

 

Dear Lonestar

At the beginning of the divorce process, the courts usually make temporary spousal support orders (alimony) that last while the case in progress. For these orders, the courts usually use a computer generated support order, similar to the child support setting. But when the case comes up for a trial and final decision the court is required to consider the factors described in the spousal support statute. 

In your case, if you stayed home to take care of the children while your husband was able to advance his career, this is one of the factors in favor of support in your case.   Most judges would allow you a reasonable period of time, for retraining and to ensure that your return to work will not be detrimental to the best interests of the children.  However, it is becoming more common for the courts to issue a “Work Efforts Order.” This order requires you to make good faith efforts to seek and find employment immediately. Spousal support may still be ordered, if after getting a job you still make less than your spouse, but your earnings will be considered in determining your needs.  

sq...

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From: ~~~ Julia ~~~

We discussed divorce, and he has told me that he will take me for every thing we have together.

I had worked our entire marriage, up until I got hurt at work, but I still am receiving a slight income through Vocational Rehab. I am now in the process of re-training and I am currently enrolled full time in college. It is going to take me another couple of years to accomplish my goal of obtaining my degree and training.

Also, I will be receiving a settlement from worker's comp. for my injuries. Does he have to pay alimony and help me through school, since comp. is only paying for first ten months-