Q: After a second divorce how does support get calculated with payments between the first and second spouse?
Do the support payments for the first spouse go down because now there is going to be a second support payment? The first marriage was a long-term marriage and the second is shorter.
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- California
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A:
In California, spousal support (also known as alimony) is calculated based on a number of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
When a person who is paying spousal support goes through a second divorce, the court may take into account the support payments that they are already making to their first spouse. The court may consider the amount of support being paid to the first spouse as a factor in determining the ability of the paying spouse to pay support to the second spouse. However, this is not an automatic reduction of support.
The court will look at all of the relevant factors in each case to determine what is fair and reasonable under the circumstances. The length of the second marriage will also be a factor in the calculation of support. In general, the longer the marriage, the greater the potential for support.
It is important to note that each case is unique and the calculation of spousal support can be complex. It is recommended that you consult with a family law attorney who can advise you on your specific situation and help you understand your legal rights and options.
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