One common misconception in many divorces is that spousal support or alimony is only for those who are unemployed. If you find yourself in that situation, you may assume that you lost your right to financial assistance because you have a steady paycheck.
However, you can still receive spousal support even if you are currently working. In California, the court’s primary objective is to ensure that both parties can maintain a lifestyle as close as possible to the marital standard of living. Understanding what judges consider and the state’s expectations for support recipients is key to securing your financial future after the divorce.
Factors in calculating support
When determining support, California judges look at a variety of factors. If your current salary is much lower than what you need to keep the standard of living you had during the marriage, the court may order support to help cover the difference. You may still get support even if you are working, as long as your ex earns significantly more than you.
The court also considers whether your current job reflects your full earning potential or if you sacrificed career advancement to support the family or household. If your marriage lasted 10 years or longer, the court has more discretion to order ongoing support.
The goal of self-sufficiency
California law generally expects the person receiving support to become self-supporting within a reasonable time. Spousal support is meant to help during a transition, not to replace work forever. Having a job does not automatically prevent you from receiving support if the court finds you still need financial assistance to maintain a reasonable standard of living.
However, the court will usually look at whether you are trying to increase your income over time. This can include going to school, getting job training or looking for better-paying work. Your efforts and progress can affect how much support you receive and how long it lasts.
When employment is not a dealbreaker
If you are ending your marriage and are worried about your financial stability, your paycheck does not exclude you from spousal support. A skilled lawyer can review your specific case to help ensure your post-divorce lifestyle remains secure.