During divorce proceedings, numerous aspects have a lasting effect on the well-being of divorcing partners. Spousal support or alimony is one matter that has to be decided upon during the proceedings. Previously, husbands were supposed to pay alimony, but with time, women too can be held liable to support their spouses even when they no longer live together. When evaluating the nuances behind alimony, it's good to note that the laws that dictate spousal support vary from state to the other. There are pertinent issues that determine how alimony is to be paid and you need to know them.
When time comes for a court to make the ruling, it's important that the same court evaluates the capacity of either spouse to pay. A court will have analyzed whether the spouse who filed for support qualifies for such. Also, the court will have to determine whether the other party is financially able to support the other. Apparently, a court will not ask a spouse to pay the other if they realize that he/she will be left with little if any cash after paying alimony to the other spouse.
In California, one spouse might go ahead and ask the court to grant permanent alimony support. However, some aspects determine whether the court will grant the request or decline it. If you are unable to agree, your DETERMINING ALIMONY attorney needs to build a case such that it's easy for the court to make a decision. The process involves getting accurate info about the income earned by the two parties.
The court will assess the length of the said marriage and analyze the possibility that each spouse can support him/herself. If there are major disparities in their income capacities, the one earning more may be required to pay a larger amount in spousal support. Check out http://www.encyclopedia.com/social-sciences-and-law/law/law/divorce for more info about divorce.
Even though the court is likely to make a ruling based on the higher earning capacity, you need to realize that there are different laws set in each state. There are provisions that assess the health and age of the spouse before determining the alimony amount. If the parties are older, the award is likely to increase. This is because the husband or wife may not be able to train to get new skills that will improve their chances of getting employed. Remember, the court will make a case if one spouse was not employed and stayed home to support the other party's interests. Know the Child Support Laws in California here!