Can I recover spousal support as a stay-at-home dad?

On Behalf of | Oct 13, 2021 | Divorce |

The spousal support laws in California are gender neutral. Therefore, even as a stay-at-home dad you may be entitled to alimony. Keep in mind, though, that an award of spousal support isn’t automatic. Instead, if you and your spouse can’t negotiate resolution on this matter, a court is going to a look at a number of factors to determine if you’re deserving of support and, if so, how much support you should receive.

How spousal support will be determined in your case

The way that alimony is calculated depends on the type of support ordered. If the alimony is temporary in nature, then the court will look at financial records and debts and use a formula to reach an appropriate figure, which is typically 40% of the praying spouse’s net monthly income reduced by half of the receiving spouse’s net monthly income.

If your spousal support is permanent or rehabilitative in nature, though, then the court will assess a number of factors when calculating the appropriate payment amount. Amongst those factors are:

  • Each spouse’s earning capacity
  • Sacrifices made during the course of the marriage
  • The marital standard of living
  • The length of the marriage
  • Each party’s debt
  • The age and health of each spouse
  • The receiving spouse’s ability to become employed without affecting parental responsibilities if he or she is the custodial parent

Remember, too, that the law allows the court to take any other factors that it determines to be relevant into account. This means that you have a lot of room to argue for the support that you need and deserve.

Fight for the support to which you’re entitled

We know that it can be stressful to deal with these matters. And many stay-at-home dads feel some sort of reluctance to seek support from their spouse. But don’t let your hesitancy, whatever the reason, lead to your financial hardship. Instead, go into your divorce ready to advocate for the outcome that you deserve.