Can custody arrangements impact California spousal support?

by | Feb 1, 2022 | Spousal Support

You and your spouse have likely shared so much during your marriage that separating your lives in a divorce can be very difficult. The more you have invested in the marital home or in raising a family, the greater the discrepancy between your current financial circumstances and those of your spouse.

If you have left the professional realm to help support the family, you may struggle to find work that pays enough for you to support yourself and the children. In some cases, you won’t be able to return to work even after the divorce. Could your custody arrangements potentially impact the spousal support you receive?

Numerous factors influence support obligations in California

When a judge has to make decisions about spousal support in a California divorce, they look at the big picture for the family. This includes not just the length of the marriage but also the financial situations of each spouse.

A judge making a decision about spousal support should look not just at the length of the marriage and the income of each spouse but also their unpaid contributions to the family and their responsibilities according to the divorce decree.

Your custody arrangement and child support payments can impact how much spousal support you receive. A child with special needs could have a long-term impact.  While most children will age out of child support requirements and won’t need a full-time parent at home once they start school, children with special needs may require a lifetime of care obligations and keep one parent permanently unable to work.

If one spouse has full custody of a child with special needs who will never live independently, that responsibility and commitment can impact spousal support obligations in a California divorce.

Looking closely at your family situation can help you build a case for spousal support in your upcoming divorce.

*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Hoover Krepelka, LLP, if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Hoover Krepelka, LLP and may not be used without the written consent thereof.


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