Q: Factors a judge must consider when deciding long-term spousal support? income, property or debt, and standard living?

A: Couple different things in your question that the court will look at (see Family Code §4320 for all the statutory factors the court will consider when ordering spousal support). In terms of duration of support to be paid, the court looks at the length of marriage (from date of marriage to date of separation). In terms of amount of support to be paid, the court looks at the lifestyle to which the couple became accustomed during the marriage and whether each spouse's separate income or assets are sufficient to maintain that lifestyle. The fact that she is cohabitating with someone is relevant. The fact that she inherited a high value asset is relevant. I suggest you retain counsel. You have a situation that if argued properly could get you the result you want and need.

A: You mention about long term support. Another attorney mentioned certain factors to be used. You did mention that she has a Fiancee. When she gets remarried that would terminate the support. But who knows when that will happen. The factors will also look at her assets. The separate property house sure sounds like a nice asset. Also her employability. You mentioned the delay. She most likely has been given a certain warning on court that lets her know that it is her duty to try and get gainfully employed. If she does not, then she could possibly have it cut or reduced. Lastly, since she is delaying the final determination then why not file an RFO to modify the temporary support based on the new circumstances. Obviously i do not know the details but that is just my thinking out loud. You might want to hire a lawyer on a limited basis to deal with some of these individual issues. This would give you some help but cheaper than an attorney to sign on to the whole case. Good luck with your case.

A: You should know that in California, long-term spousal support decisions consider the marital standard of living, both spouses’ incomes and earning abilities, and the separate property each party holds. The judge also looks at whether one spouse is deliberately avoiding employment and whether there is cohabitation with another partner that might reduce the need for support. The property distributions, including your planned second mortgage and her mortgage-free residence, can influence the amount and duration of support.

Even though you worked full-time and carried the health insurance, the court may review your current earnings and compare them to those at the date of separation. Your former spouse’s significant separate inheritance and living arrangement with a fiancé may show that she does not require as much support. The potential rental income from the adult sons living in her property and her ability to work part-time could further reduce or eliminate any support obligations.

You should present evidence that her separate property reduces her need for your financial assistance. Keep in mind that judges look at the totality of circumstances, not just one factor. If her resources and choices show she can maintain her lifestyle without your help, you may not have to pay her ongoing support.