How is Alimony Determined in Long-Term Marriages?

Does the Duration of a Marriage Affect Alimony Cases?

Courts look at many factors when determining alimony payments during divorce, one of them being the duration of the marriage. Family law lawyers in Campbell say that the duration of marriage could be short-term, mid-term, or long-term. The alimony amount awarded for long-term marriages is often more than for short- and mid-term marriages.

However, the rules are not set in stone. The outcome may vary from case to case, so there is no one-size-fits-all solution. Sometimes, a short-term marriage can have a more extended alimony period, depending on the case specifics. Having the legal representation of experienced Campbell alimony attorneys is advisable to help you fight for what you rightfully deserve.

What Factors Do Courts Consider in Awarding Alimony for Long-Term Marriages?

Besides the duration of the marriage, family law courts evaluate several other factors when deciding how much spousal support to award to the receiving spousal. The law may require judges to explain their reasons in the final order, but beyond that, they mostly have the discretion to decide what’s appropriate in any particular case.

Alimony lawyers in Campbell explain that the following are typically the general guiding factors in alimony determination cases:

• The earning capacity of each spouse and whether it is enough to support the standard of living they were used to before the marriage. This factor goes deeper into evaluating the marketable skills of the supported spouse and how much money or time would be required for training or the development of those skills to obtain employment
• Whether the supported party played a role in helping the paying party get an education, career, training, or professional license, such as taking care of the home while the other party pursued these interests
• The supporting party’s ability to pay, considering their earning ability, assets, income, and standard of living
• The supported party’s ability to work without unduly affecting their ability to continue caring for children placed in their custody
• The age and health status of both parties
• The needs of each party, based on the marital standard of living
• Any proven history of domestic abuse between the parties or against the children
• Each spouse’s assets, separate property, and debts
• The possible tax consequences to each party
• Any misconduct by either party that adversely affects the marriage

A recipient spouse who is more disadvantaged because of the divorce is likely to get more alimony awarded. For example, if they took considerable time out of the workforce to raise children shared in the marriage and the divorce happens in their retirement age, it’s unlikely they can make up for time lost through any gainful employment.

In a different case, if the spouse seeking support lives with a disability and can’t work full-time, the court may award a higher amount of alimony based on various factors. Nonetheless, these are general guidelines, and it would help to work with Campbell alimony attorneys to evaluate your options and prepare for multiple possible outcomes.

How Do Judges Determine Spouses’ Needs When Awarding Alimony?

State laws dictate that determining spouses’ needs in alimony cases should be based on the living standard a couple enjoyed during the marriage. Sadly, many divorced spouses have a challenge maintaining that standard after divorce, especially when there are children in the picture. Maintaining two separate households can be expensive.

So, judges focus on the parties’ reasonable needs, defining them as the reasonable minimum amount required to meet basic living expenses. A judge has the discretion to decide what is reasonable under the circumstances. If the paying spouse lacks the financial muscle to meet those needs, a judge may find a way to make both parties share the financial burden equally.

Are Savings Included in a Couple’s Standard of Living?

If a divorcing couple was in the habit of putting away money in savings or investments, judges could consider that as part of the couple’s standard of living. Therefore, they may include a savings component in the alimony amount.

In California, savings have long been considered part of ongoing expenses in alimony determination if the couple has a savings culture. The receiving party shouldn’t be deprived of their accustomed lifestyle because it involves investing in stocks and bonds.

All the same, there could be room for disagreement. If you’re in the middle of an alimony case and can’t agree amicably with your ex-spouse, it would help to talk to experienced family law attorneys in Campbell. They can help you understand the rules and how they may affect your case outcome.

What Might Change or End Alimony?

It’s essential to remember that even if a family court orders alimony to continue in the long term, circumstances that might change or end it can arise. For example, if the supporting party’s income reduces or they lose their livelihood, they can petition to modify or terminate the payments.

A modification or termination order may also be possible if the receiving spouse achieves financial independence through a windfall or remarries. Consult skilled lawyers if you experience circumstances that you believe should warrant a modification or termination of alimony.

Navigating Alimony for Long-Term Marriage with A Skilled Family Law Attorney

If you’re in the middle of an alimony determination case, it’s crucial to familiarize yourself with the possible outcomes. Courts evaluate many factors that could make and break your case depending on the specifics. Work with experienced alimony lawyers in Campbell to fight for a favorable outcome.

Hepner & Pagan, LLP is a reputable family law firm with dedicated lawyers. We can look into your family law case and work with you to find amicable resolutions. We know that divorce can be difficult, and we want to help you pave a fresh start. Call us at 408-688-9153 for a consultation.