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  1. #1
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Husband new job...Spousal Support?

    Quote Quoting Lukka
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    My husband and I live in California, been married for 4.5 years and we're getting divorced. My husband use to make about $85,000 a year but about a year ago he changed jobs and is now a financial planner and only made about $45,000 this past year. His job gives him a VERY low salary plus commission but he has the potential to make a lot of money and is gradually building up his business and makes more commission all the time. I make about $38,000 a year. I've interviewed a few lawyers and have heard a couple of contrasting things. (1) I've been told that the court will look at my husbands pay for the past 12-18 months...and that they'll also look at his "potential" to earn. (2) I've also been told that they look at only the past 12 months and don't consider "potential" and that's that. My husbands prior salary of $85k a year and his potential won't be considered....so basically I won't get any spousal support since our salaries were about equal last year. If I'm entitled to spousal support, I want it. What exactly does the law say regarding this? 12months? 18 months? Potential for earnings? Please help.

    I highly doubt that you will be awarded SS for such a short term marrage.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Husband new job...Spousal Support?

    Factors the court will consider are described by statute:
    Quote Quoting California Family Code § 4320.
    In ordering spousal support under this part, the court shall consider all of the following circumstances:

    (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
    (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

    (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
    (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

    (c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.

    (d) The needs of each party based on the standard of living established during the marriage.

    (e) The obligations and assets, including the separate property, of each party.

    (f) The duration of the marriage.

    (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

    (h) The age and health of the parties.

    (i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

    (j) The immediate and specific tax consequences to each party.

    (k) The balance of the hardships to each party.

    (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

    (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325.

    (n) Any other factors the court determines are just and equitable.
    So it's a lot more complicated than, "He used to make more than he does" or "He will make more in the future". Also, the question of whether you agreed to the job switch is likely to be deemed relevant to the equation, as opposed to (for example) his intentionally taking a cut in salary in order to reduce a support obligation.

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