Though some California couples may have tried to live their lives as equally as possible throughout their marriages, it may not have been entirely possible when it came to earning an income. You may have earned a considerable amount less than your spouse or may not have earned anything at all because you stayed home with the kids or for other reasons.
Now that you are getting a divorce, you may understandably have concerns over your financial future. You may have a close eye on certain assets that you want to negotiate for in property division proceedings, but you may also want to focus on the possibility of obtaining spousal support.
Factors in determining alimony
Some people speak of alimony as if it is a dirty word or believe that one should be too proud to accept money from an ex, but in reality, it can act as a significant financial help to lower-wage or non-wage-earning individuals. If you fell into either of these categories, you may already have anxieties about living on your own, and focusing on alimony may help you.
Of course, you cannot simply demand a particular amount of money from your soon-to-be ex. The court will determine whether you should receive alimony and how much by looking into the following factors:
- Your age and your spouse’s age
- Your need for spousal support
- The length of your marriage
- Your health and your spouse’s health
- Your spouse’s ability to pay support
- The lifestyle you upheld during your marriage
- Whether you have minor children
- What non-marital assets you may have
In some cases, the court may only award a specific type of alimony or only allow it for a certain period of time. For example, rehabilitative alimony means that your spouse will provide you with financial support until you obtain financial independence, which typically comes after you further your education or gain skills needed for a new job.
Negotiations
Even if the court determines that it should award alimony in your case, you may want to try to negotiate terms with your ex. These negotiations may allow you to work toward the spousal support amount that you find fitting. Throughout this process, legal counsel can help you to ensure that you understand your legal options for reaching the best outcomes possible for your particular circumstances.
