Fresno, CA asked in Divorce and Family Law for California

Q: I worked 3.5 hours a day for 13 years while my children were young. Can I get spousal support? How is that calculated?

My ex husband makes more than double my salary and has a pension plan.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, spousal support (also known as alimony) is determined on a case-by-case basis. Several factors are considered when calculating spousal support, including:

1. The length of the marriage

2. Each spouse's earning capacity and income

3. The age and health of both parties

4. The standard of living during the marriage

5. Each spouse's assets and debts

6. The supported spouse's contribution to the other's education, training, or career

Given that you worked reduced hours for 13 years to care for your children, and your ex-husband earns significantly more than you, it is likely that you may be entitled to spousal support. The court will consider your reduced earning capacity due to your role as the primary caregiver.

The amount and duration of spousal support are determined by the court based on the factors mentioned above. In some cases, the court may use a spousal support calculator as a guideline, but the final decision is at the court's discretion.

To get a more accurate assessment of your potential spousal support, consult with a family law attorney in California. They can review your specific situation and provide personalized advice on how to proceed with your case. Additionally, they can help you negotiate a fair settlement or represent you in court if necessary.

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