Frustration. Anger. Resentment. These are some of the feelings you are likely dealing with if you’re trying to come to an agreement on spousal support. It’s not easy to come to an agreement that both you and your ex can live with, but it must be done in the end.
If you’re not able to reach an agreement on your own, and you can’t reach an agreement in mediation, the decision regarding spousal support payments will fall to the judge. It’s scary to know that the decision on spousal support will be taken out of your hands and placed in those of a stranger. Take heart in knowing that the judge will try to be as fair as possible.
To ensure your rights and interests are looked after when the court is making a decision regarding spousal support, you may want to partner with a Rancho Cucamonga family law attorney.
Factors Considered by a Family Court Judge on Spousal Support Payments
Read on to learn what factors the judge considers when making a decision on spousal support.
Income of Each Party
One of the main factors a judge will consider is the earning potential and current income of each party. If one party was not working during the marriage, this is an important factor to consider. That person will need spousal support until they can secure a good job.
In some cases, one of the parties sacrifices a career or education goals in order to be a homemaker or a stay-at-home parent. This person should not be punished financially for their sacrifice.
Length of the Marriage
Another major factor the court will consider when determining spousal support is how long the marriage lasted. If the marriage lasted only six months, it’s doubtful the judge would order much spousal support. However, if the marriage lasted thirty years, a judge will take that into consideration.
Health and Physical or Mental Abilities
A judge will surely consider the health and physical limitations of each of the parties. If one person is disabled, ill and unable to work, the judge will probably decide that spousal support is warranted. How long the disability lasts will also affect the judge’s decision regarding spousal support and how long it is needed.
Children
An important factor a judge will likely think about when deciding on spousal support is how many children came out of the marriage and who is taking care of them. This decision will also relate to child support, but these factors might be considered together.
Financial Sacrifices Made to Better the Relationship
Another thing the court will examine when deciding on spousal support could be the financial and other sacrifices made in order to keep the marriage together. For instance, one of the parties may have invested a financial inheritance into the betterment of the family. That inheritance is now gone, and the judge will consider this.
Some parties in a marriage also make many other types of sacrifices to create a better life for the entire family, and those sacrifices should be considered when deciding on spousal support and other divorce issues.
