Any divorce can be challenging, especially when it comes to financial matters like spousal support. However, not every spouse is guaranteed this assistance. CA Certified Family Law Specialist Judy L. Burger discusses several factors that can disqualify an individual from receiving spousal support.
What Is Spousal Support?
In California, spousal support is court-ordered financial assistance from one spouse to the other during or after a divorce or legal separation, intended to maintain the lower-earning spouse’s standard of living. A family law judge will consider several factors when determining the length and amount of spousal support, if any, to be awarded.
Spousal support aims to help the lower-earning spouse become self-sufficient and maintain a standard of living comparable to what they had during the marriage.
There are three main types:
- Temporary support: Ordered during the divorce process to ensure financial stability until the divorce is finalized.
- Permanent support: Ordered at the end of divorce proceedings, potentially lasting indefinitely, especially in long-term marriages.
- Rehabilitative support: Designed to help the lower-earning spouse acquire skills or education to become self-supporting.
CA Divorce Attorney Judy L. Burger can explain more about each type and the circumstances under which you can expect to receive each type of support.
Why Would a Judge Deny Spousal Support?
Spousal support in California is not automatically granted and can be influenced by various factors. Understanding what may disqualify you from spousal support is essential as you navigate the divorce process. Let’s explore these potential disqualifications in more detail.
Duration of the Marriage
One of the key factors influencing spousal support is the length of the marriage. Typically, marriages that have lasted less than 10 years may not warrant long-term support. Shorter marriages tend to result in temporary support, which may not extend beyond the divorce process. Conversely, long-term marriages (generally those lasting over 10 years) are more likely to result in a higher likelihood of spousal support, but this can vary based on individual circumstances.
Ability to Self-Support
The court will evaluate each spouse’s ability to support themselves financially after the separation. If the receiving spouse is deemed capable of earning a sufficient income or has substantial separate assets, the court may decide against awarding spousal support. This assessment typically considers factors like education, job experience, and the availability of employment opportunities.
Adultery or Fault in the Marriage
While California is a no-fault divorce state, meaning that neither spouse is required to prove wrongdoing to obtain a divorce, the court may consider issues such as infidelity when determining spousal support. If one spouse’s actions (like committing adultery) are found to be the cause of the divorce, it may negatively impact their eligibility for support.
Remarriage of the Receiving Spouse
If the spouse who is receiving support remarries, they may automatically become ineligible to continue receiving spousal support. The rationale behind this rule is that a new marriage typically provides financial support and stability that diminishes the need for spousal support from the former partner.
Cohabitation with a New Partner
Similar to remarriage, if the receiving spouse begins cohabiting with another person in a romantic relationship, the court may consider this a reason to disqualify them from spousal support. Cohabitation can imply financial support from the new partner, which can lessen the necessity for ongoing spousal support.
Failure to Make a Good Faith Effort
The court expects the receiving spouse to make a reasonable effort to become self-sufficient. If they fail to actively seek employment or refuse to accept job opportunities that match their qualifications, they may risk losing their right to spousal support. The obligation to demonstrate a good faith effort in finding employment can be a critical factor in support determinations.
Get Help Obtaining Spousal Support In a California Divorce
By being informed about the conditions surrounding spousal support, you can better prepare yourself for the financial aspects of divorce and make decisions that align with your long-term well-being.
If you find yourself needing guidance, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice based on your situation.
