JAH logo trans 100Due to the demise of our beloved James A. Hennenhoefer in August 2017, our office is closing permanently, effective October 6, 2017.

If you need further assistance, please contact our receptionist:
760.941.2260.

 

ATTORNEY CONTACT INFO:

Leslie A. Ryland
Procopio, Cory, Hargreaves, Savitch, LLP
619.238.1900
leslie.ryland@procopio.com.

Kevin A. Polis
Moore, Schulman & Moore
858.492.7968
kpolis@msmfamilylaw.com

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How do courts determine spousal support (alimony)?

Unlike child support, there is no guideline for spousal support. Courts may refer to a guideline for spousal support when setting temporary support orders. However, permanent support orders are not subject to the guideline. It is a completely discretionary call in most cases by a family law judge.

There is a checklist consisting of fourteen factors that the court is required to consider in determining the amount of spousal support. The key factors are:

  • The income and earning capacity of each party;
  • What was the typical marital standard of living of the parties during the latter years of the marriage;
  • The length of the marriage.

There are approximately eleven other factors, however these are the three main factors that most courts consider.

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