Many people assume that spousal support in California is only awarded when one spouse earns significantly more than the other. While income disparity is often a primary factor, it is far from the only one.
California courts evaluate a wide range of circumstances before deciding whether spousal support is appropriate. In fact, some lesser-known or surprising details about your marriage could influence whether support is granted, how much is awarded, and for how long.
Understanding the whole picture is essential for anyone entering a divorce in California. These unexpected triggers can catch divorcing spouses off guard and lead to long-term financial consequences if not adequately addressed. The Law Offices of Bruce A. Mandel shares some of these factors to help keep you informed.
The Length and Pattern of Employment Gaps
A spouse who took an extended time away from the workforce may be more likely to receive support, even if they previously earned a decent income. The court takes gaps in employment due to caregiving, illness, or other family obligations seriously. If one spouse has been out of work for several years, it may affect their ability to find suitable employment and regain financial independence quickly.
Judges will also consider whether one spouse left their job at the other’s request, such as to stay home with children. In these cases, spousal support may help bridge the gap until that person can re-enter the workforce with adequate training or updated skills.
Sacrifices Made for the Other Spouse’s Career or Education
Support is often tied to the concept of fairness. If one spouse gave up educational or professional opportunities to support the other’s career advancement, it can influence the outcome. A typical example is one spouse working full-time while the other attends medical or law school or builds a business.
Even if the supporting spouse earned income during the marriage, their contribution to the other’s success can factor into a spousal support decision. Courts aim to balance the benefits one spouse gains against the sacrifices the other spouse makes.
A Noticeable Difference in Earning Potential
It’s not just what each spouse earns today, but what they are capable of earning in the future that matters. If one spouse is likely to continue increasing their income based on their career trajectory. At the same time, the other has limited prospects due to age, health, or a lack of experience; this imbalance may justify support.
In these situations, the court looks ahead. A spouse who has less access to future financial growth may receive support to help close the gap or maintain a similar standard of living after divorce.
Health Challenges That Affect Employability
Spousal support may be more likely if a spouse has a medical condition that limits their ability to work or earn a sufficient income. This includes both physical and mental health concerns. If ongoing care or treatment is needed, or if the spouse is nearing retirement age and cannot reasonably retrain for a new job, support may be awarded to help cover living expenses.
Judges consider how a health issue impacts the spouse’s ability to become self-sufficient. Even temporary conditions can influence short-term support decisions.
Lifestyle Maintained During the Marriage
California law allows courts to explicitly consider the standard of living established during the marriage. This means that if the couple lived comfortably with regular vacations, private school tuition, or luxury expenses, the lower-earning spouse may receive support to maintain that lifestyle, at least for a period of time.
While this factor does not guarantee support, it does guide the court in determining what is fair and reasonable during the transition to post-divorce life.
Financial Misconduct or Hidden Spending
If one spouse misused marital funds or concealed financial behavior during the marriage, that conduct can influence the spousal support outcome. This includes actions such as gambling, draining joint accounts, hiding debts, or making significant purchases without the other spouse’s knowledge.
Although California is a no-fault divorce state, financial misconduct may be considered when calculating what is fair. In some cases, the injured spouse may receive a greater share of assets or spousal support to offset losses caused by the other’s behavior.
Childcare Responsibilities That Limit Work Hours
Spousal support is sometimes awarded when one parent remains the primary caregiver, especially if that role continues after the divorce. A parent who cannot accept full-time employment due to the child’s needs may require financial assistance to meet basic expenses.
Even if both parents share custody, the division of parenting duties can still affect each person’s earning capacity. The court evaluates these factors on a case-by-case basis.
How Legal Support Can Clarify the Big Picture
Spousal support in California is rarely a simple matter. The court considers several factors when factoring support, but many individual cases are shaped by details that are not immediately obvious. If you are facing divorce and are uncertain about whether support might be awarded or contested, it’s essential to seek guidance that accounts for all aspects of your situation.
At The Law Offices of Bruce A. Mandel, clients receive personalized attention rooted in over 30 years of California family law experience. Bruce helps clients understand how spousal support works, identify hidden triggers that may affect an award, and develop a strategy that balances short-term needs and long-term goals.
Contact the firm today to learn how Bruce can assist with your California divorce and spousal support matters.
