1. Can Both Spouses Maintain the Standard of Living?

The court looks at whether each spouse can keep up the standard of living established during the marriage. This includes examining past income, assets, and lifestyle.

If one spouse stayed home to raise children while the other advanced their career, the court may award support to help even things out — especially if one person has a significant income advantage.

2. Did One Spouse Support the Other’s Career or Education?

If you supported your spouse while they went to school, earned a license, or built a career, that effort matters. The court will consider that sacrifice when deciding how much support you deserve.

3. Can the Paying Spouse Afford It?

Spousal support depends on the ability to pay, not just the need. The court considers the paying spouse’s income, assets, and overall financial position.

The more resources they have, the more likely the court is to order support.

4. What Are Each Spouse’s Financial Needs?

Beyond basic necessities like food and shelter, the court considers each person’s needs relative to the lifestyle they enjoyed during the marriage.

5. What Do the Assets and Debts Look Like?

California is a community property state, so the court also looks at separate property, shared debts, and financial obligations to get a full picture.

6. How Long Was the Marriage?

If your marriage lasted 10 years or more, it’s considered a marriage of long duration, which may result in indefinite support. The longer you were married, the more likely the court is to extend the support period.

7. Can the Custodial Parent Continue Without Harming the Kids?

If one parent has primary custody, the court evaluates whether working would interfere with child care. This can affect the length and amount of spousal support.

8. What Are the Ages and Health of Each Spouse?

Age and health affect a spouse’s ability to work. If someone is elderly or in poor health, the court may award longer or more generous support.

• Filing a contempt motion
  
• Placing liens on property
• Collecting past-due support (also called arrears) with interest

The law is on your side, and so is Divorce Defenders. We’ll help you pursue every legal tool available to recover what you’re owed.

9. Is There a History of Domestic Violence?

California law protects survivors of abuse. If there is documented domestic violence, courts can reduce or deny spousal support to abusers — and avoid forcing victims to support them financially.

This includes physical violence, emotional abuse, or a plea of no contest (nolo contendere) in a domestic violence case.

10. What Are the Tax Consequences?

Tax laws were updated in 2019 — spousal support is no longer tax-deductible for the payer or taxable for the recipient on federal returns. Still, courts can factor in any specific tax implications when setting support.

(Pro tip: Talk to your CPA or a qualified tax advisor about how this might impact your case.)

11. What’s the Balance of Hardships?

Sometimes, both spouses struggle financially after divorce. The court will weigh the financial hardships of both parties before making a support order. It’s all about fairness.

12. How Soon Should the Supported Spouse Become Self-Sufficient?

The goal of spousal support is not lifetime dependency — it’s financial independence. In most cases, the court expects the supported spouse to become self-supporting within a reasonable time — generally half the length of the marriage (unless the marriage was long-term).

13. Has the Supporting Spouse Been Convicted of Abuse?

If the supporting spouse has been convicted of domestic violence, the court may reduce or eliminate their right to receive spousal support under Family Code Sections 4324.5 and 4325.

14. Are There Any Other Fairness Factors?

The court can consider anything else it finds relevant to ensure a fair and just outcome. These could include unexpected financial changes, emotional circumstances, or other facts that impact your future well-being.

Why These Factors Matter — And Why Legal Support Counts

Every divorce is different, and no two families have the same financial realities. That’s why courts rely on these 14 factors — and why legal guidance is so important.

At Divorce Defenders, we work with you to build the strongest case for fair spousal support — whether you’re seeking it or facing a request for it. Attorney Katherine Cohan knows how to apply each factor to your advantage while protecting your dignity, your rights, and your future.

Talk to a Los Angeles Spousal Support Lawyer Today

Spousal support can impact your financial stability for years. Don’t leave it to chance. Let us help you understand your rights and fight for what’s fair.

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