How does a court determine spousal maintenance or alimony?

In California, a court will consider numerous factors when determining spousal maintenance (alimony) in a divorce. Primarily, the court takes into account the length of the marriage, the income and property of each spouse, the standard of living the couple had during the marriage, and the need of one spouse to maintain their standard of living. The court will also take into account the health, age, skills, employment history, and job marketability of each spouse. The court will look at the earning potential of each spouse, and it may order spousal maintenance to a lesser-earning spouse to help them maintain their standard of living. The court may also order the higher-earning spouse to pay for the education or training of the lesser-earning spouse, in order to help them get a job with a higher salary. Finally, the court will consider the level of support each spouse provided each other during the marriage, including emotional, financial and other assistance. If one spouse stayed at home to care for children or ailing family members, the court may take this into account when deciding on spousal maintenance. Overall, a court will look at numerous factors when determining if spousal maintenance or alimony should be ordered. This includes both the economic factors (such as income, property, and job marketability) and the ‘non-economic factors’ (such as the level of support each spouse provided each other during the marriage).

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