You moved to California for your spouse’s job and spent years caring for your home instead of working. Now that your marriage is ending, you may worry about paying your bills without a U.S. work history. State law does not require you to have worked in the country to qualify for spousal support. Instead, courts look at your finances and how you helped your family.
What does the court consider when awarding support?
Under the California Family Code, judges look at several factors when deciding long-term support:
- The length of your marriage
- Your age, health and earning capacity
- Your standard of living during the marriage
- Your financial needs and your spouse’s ability to pay
- Your support for your spouse’s education or career
- Any history of domestic violence
- Tax effects and financial hardships for either spouse
Together, these factors help the court decide whether support is appropriate and how much to award. Years spent raising children or caring for your home may also matter if that work limited your ability to earn.
How does your work history affect support?
If you have never worked in the U.S., the court may look at how much training you need to find a job. The court may also look at your past jobs in other countries, education and skills to see how much you could earn. In some cases, a vocational expert may also review your skills and job options to estimate how much you could earn in California.
State courts generally encourage spouses receiving support to become financially independent within a reasonable period. However, your age, health and length of marriage can affect that expectation.
You may also qualify for temporary spousal support, which helps cover expenses while your divorce is pending. Courts typically consider both spouses’ income and expenses when determining temporary support.
Understanding your financial options after divorce
If you put your career on hold to support your spouse, determining your earning capacity may be more complicated than reviewing your employment history. A California family law attorney can help assess how your overseas qualifications, household contributions and current financial needs may affect your eligibility for spousal support. This can give you a clearer understanding of the financial support you may qualify for as you prepare for life after divorce.
