Legal Question in Family Law in California

When determining spousal support, the key things courts will look to are: the standard of living established during marriage and the parties needs and abilities to pay.

The fact that you have separate bank accounts won't really effect spousal support but may effect property division.

The fact that you are primarily responsible for the children means you are entitled to child support assuming you don't make too much more than your spouse. Also, the fact that you support the children may come into play and result in a lower spousal support payment if you would be the supporting spouse.

Family Code Section 4320 outlines the factors courts consider when giving a spousal support award. The factors do not necessarily get equal weight and the court has broad discretion regarding how they are applied.

Here are the statutory factors for spousal support:

- The needs of each party based on the standard of living established during the marriage. Actual expenses during marriage are usually considered unless the couple was living beyond or below their means.

- 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.

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. An expert or vocational exam may be needed to ascertain these facts.

- 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.

- The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned (i.e. future) income, assets, and standard of living. Courts can look at actual income, ability to earn above actual income (including early retirement), and assets.

- The obligations and assets, including the separate property, of each party.

- The duration of the marriage. The longer the marriage the larger the support award, typically.

- 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.

- The age and health of the parties.

- Documented history of domestic violence or other criminal convictions in the marriage.

- Tax consequences of spousal support. Spousal support is taxable to the supported spouse and deductible by the supporting spouse. Also, unlike most personal deductions, it is an �above the line� deduction.

- The balance of the hardships to each party.

- 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.

- Any other factors the court determines are just and equitable.