Hoover Krepelka, LLP - Lawyer

Board Certified Family Law Specialists Serving Northern California

Will I receive spousal support?

Divorce can be difficult in many ways. There are a variety of results that could come after you and your spouse decide to split.

One result is a change in your financial situation. If your spouse provided the majority of your household income, you could be left with little to no financial support after a divorce. However, you may be able to receive spousal support.

Typically, if you cannot come to an agreement regarding spousal support with your partner, you will have to take it to court where a judge decides.

In this case, there are a few factors a judge might consider when making a decision about your spousal support:

Need and capability of each person

You and your spouse’s needs are both taken into consideration by the judge. The conditions of spousal support usually revolve around preserving the standard of living from the marriage. This means the judge grants the amount of spousal support based on what your spouse is able to pay to preserve their standard of living as well as how much support you need to preserve your previous standard of living.

Conditions of the marriage

The conditions of your marriage may also factor into the judge’s decision. For example, if you helped support your spouse as they went to medical school, this is taken into consideration when determining whether to award spousal support.

If you supported your spouse previously, this usually helps in rewarding you spousal support after your divorce.

Other considerations such as length and health of the marriage also factors into a decision.

Conditions of the people and family

Your age and health are also considered in the decision. Education level and capability of having a job can also impact a decision.

For example, if it is unlikely you can find a job after your divorce due to being out of work for a long time or not having a higher degree, chances of being awarded spousal support can be higher.

Status of your children is another factor that can be considered. If getting a job would hinder your ability to take care of your children, this may also affect the judge’s decision.

Each case is different but these are a few factors a judge is likely to consider when determining your spousal support agreement. Your lifestyle does not have to end simply due to a divorce, there are ways you can maintain your life and return to normalcy, even after your divorce.

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Hoover Krepelka, LLP - Lawyer

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