Q: Could I be awarded spousal support?
Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for it and have my kids primary physical custody, while my income is limited and i do receive calworks/food stamps, the county is helping me achieve my education. Divorce has been ongoing since 2020 and since then ive already entered a new relationship but I’m not living with them.
A: You may be entitled to spousal support under these facts, but the benefit of spousal support may be off set by the aid provided by the county/state
A:
Under California law, you may have grounds to be awarded spousal support given the length of your marriage, your role as a stay-at-home parent, and your efforts to further your education for employment. The court will consider factors such as the duration of the marriage, each spouse's earning capacity and needs, and the standard of living established during the marriage. Your limited income and custody arrangement for your children could strengthen your case for spousal support, especially if your ex-partner has a significantly higher income. However, your new relationship and living arrangements may also be considered by the court in determining the amount and duration of spousal support.
It's important to gather evidence of your financial situation, including your income, expenses, and any support you receive from the county for education and living expenses. Additionally, documentation of your efforts to become self-sufficient, such as attending school for medical assistant training, will be valuable in demonstrating your need for spousal support. Consulting with an attorney experienced in family law can provide personalized advice and representation to help you navigate the spousal support process and advocate for a fair outcome that supports your financial stability and independence.
Ultimately, the court will weigh various factors to determine whether spousal support is appropriate in your case and, if so, the amount and duration of support. By presenting compelling evidence and legal arguments, you can increase your chances of being awarded spousal support that reflects your needs and contributions during the marriage, while also considering the best interests of your children and the overall circumstances of your divorce.
A: It is possible that you may be entitled to spousal support. It will depend upon various factors under California Family Code Section 4320 for permanent support. Your need and his ability to pay will be important to establish for the Court to consider, in addition to the other factors listed in 4320. Best of luck.
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