What Factors Will Family Courts Consider for Alimony in Irvine?
When approaching the subject of alimony in California, family courts may consider numerous factors. Also known as “spousal support,” alimony is an important economic safety net for many divorcing spouses. To determine whether you will receive (or pay) alimony in Irvine, it makes sense to consider these factors.
RM Law Group, LLP can help you assess the potential role of alimony in your divorce. This family law firm in Irvine is home to experienced family lawyers such as Jason Martinez, who has guided numerous spouses through divorce trials. Michael Recinos is the other co-founding family law attorney of this law firm, and he has considerable experience with high-net-worth divorces.
The Length of Your Marriage
One of the most important factors in determining alimony is the length of your marriage. The general rule is simple: Longer marriages result in more alimony, while shorter marriages result in less spousal support. Very short marriages that last just a few years may result in no spousal support whatsoever.
The Age and Health of Each Spouse
The California Courts Self-Help Guide also highlights the importance of your age and health when determining alimony. Older spouses are more likely to receive alimony because they cannot realistically re-enter the workforce and regain financial independence. By the same logic, a sick or disabled spouse is more likely to receive alimony in California.
Income Disparity
Generally speaking, spousal support is only justified if one spouse earned much more than the other during the marriage. In the legal world, this is called “income disparity.” The classic example of alimony involves a stay-at-home parent or homemaker who was married to a high earner. The homemaker is highly likely to receive spousal support due to the income disparity between these two types of people.
The Standard of Living
In addition, courts consider the standard of living you enjoyed during your marriage. This may be a particularly important factor for high-net-worth individuals. If you experienced luxurious vacations, expensive restaurant meals, and an expensive family home, you may be more likely to receive higher spousal support.
The Wealth of Each Spouse
As far as California family courts are concerned, the wealth of a spouse is not the same as their income. A spouse might have a considerable net worth despite the fact that they do not work. For example, a stay-at-home parent might have inherited millions of dollars during the marriage – and this may become a factor in alimony decisions.
Earning Capacity
Even if a spouse does not currently earn any income, they may still be capable of engaging in a highly lucrative career. For example, an investment banker may retire early – but they may still be capable of returning to their old firm and earning millions each year. California family courts may consider this factor when awarding alimony.
Contact an Established Family Law Firm in Irvine
RM Law Group, LLP can help you pursue spousal support with confidence and efficiency. Our experienced family law attorneys can also help paying spouses reduce their support obligations. Online research only gets you so far, and it helps to discuss your unique situation alongside a real family lawyer in Irvine. Call 866-706-3160 today to get started with an effective alimony strategy.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
