Marriage equality has opened doors for same-sex couples, but it has also raised new questions about the legal implications of divorce. One critical aspect of this process is spousal support, a vital safety net for many couples. But what are the rules for same-sex couples?
The rules for spousal support apply equally to all married couples
In 2015, the Supreme Court made the decision to legalize same-sex marriage nationwide. Same-sex couples have since gained equal rights in marriage and divorce proceedings. This includes the right to seek spousal support, also known as alimony.
Determining eligibility for spousal support
California courts look into several factors when determining spousal support, including:
- Length of the marriage: Longer marriages often mean longer-term support.
- Earning capacity and income disparities: The court looks at how much each party earns and can earn.
- Age and health: These matter, especially if health issues affect the ability to work.
- Contributions to the marriage: This includes financial contributions but also things such as raising children or supporting a spouse’s career.
Same-sex couples may find it challenging to figure out how long they have been together legally. Some might have been a couple for many years before they could get married. In California, courts might look at their whole time as a couple, not just their marriage, when deciding on spousal support.
Another important factor is recognizing same-sex marriages performed in other states or countries. California acknowledges these marriages, even if they happened before same-sex marriage was legal in the state. This can affect spousal support calculations and eligibility.
Things can get more complicated for couples who had a domestic partnership before marriage was legal. In this case, the court may consider the partnership start date as the beginning of the marriage-like relationship for support purposes.
Same-sex couples with kids have additional considerations. The court will look at child support and custody arrangements when deciding on spousal support.
It is also essential to note that spousal support is not automatic in California. The spouse seeking support must ask for it during the divorce process. The court will then review the case based on these factors and any other relevant circumstances.
