Divorce is never easy, but it can be especially complicated if you and your soon-to-be ex are unable to agree on child custody, child support, or spousal support.
If you’re looking to obtain lifetime spousal support in California, here are some things you need to know.
First, spousal support is not guaranteed in any divorce settlement – it’s up to the Court to decide whether or not to award it.
Second, there are a number of factors that the Court will consider when making its decision, including the spouses’ incomes and expenses, their ages and health conditions, and the length of their marriage.
Let’s take a closer look.
How to Qualify for Lifetime Spousal Support?
Lifetime spousal support can provide financial stability and allow the receiving spouse to maintain their standard of living after divorce. Which let’s face, when going from 2 to 1 incomes any additional financial support can make the transition easier..
But there are a few things you need to prove in order to obtain lifetime spousal support in California. You must show that you meet the eligibility requirements, that your spouse is able to pay support, and that there is a need for support.
Here are a few other things to know:
- Lifetime spousal support is typically reserved for marriages of long duration – which is generally defined as 10 years or more. If you’re married less than 10 years the chances of your getting lifetime spousal support decreases.
But keep in mind that lifetime spousal support is not automatically awarded in every long-term marriage. It is often granted when one spouse has sacrificed their career or earning potential to care for the home and family.
2. Courts will also consider the age and health of the spouse requesting support, their ability to earn an income, and the disparity in earning power between the spouses.
In these cases, the Court may find that it would be unfair to expect the lower-earning spouse to suddenly become financially independent after years of being out of the workforce.
3. If there are minor children from the marriage, the Court may also factor in the custodial parent’s need to care for them.
If you can prove all of these things, Lifetime Spousal Support may be awarded to you.
I cannot reiterate enough that this type of support is not guaranteed, and it will ultimately be up to the Court’s discretion whether or not to award it.
But don’t be discouraged. Remember to keep a positive outlook. Things always have a way of working out in the end.
If you are seeking lifetime spousal support in California, it is important to have an experienced family law attorney on your side. The laws surrounding spousal support are complex, and Courts have a great deal of discretion when it comes to awarding support.
Please contact our office for a free consultation. I would be happy to answer any questions you have!