While making an order, in respect of spousal support, the judge will take into consideration, various factors, such as; first, the duration for which the couple had been married. Emma and Sam had been married for 8 years.
Fifth, the obligations and assets of each party. Emma and Sam have three minor children. Two of these are with Sam, and one of them is with Emma. These are their obligations. Their assets, are real estate holdings in California and Nevada; and Emma is the beneficiary of a $10 million dollar trust.
Sixth, the history of the manner, in which they had addressed their financial needs, during their marriage. All expenses were borne by Emma, as she was earning a substantial amount. Sam as an unemployed musician had chosen to look after their children (Self - Help Center, 2010).
In instances of dissolution of a marriage, the following are taken into consideration by the courts. First, the date of separation, which is determined by the actions of the husband and wife, or their intention (Cutoff Date as the Date of Separation, 2010). In our case, Sam proceeded to their Nevada family vacation house, six weeks ago, and informed Emma that he would initiate divorce proceedings against her.
Second, the community property, which in our case would consist of all the assets created from Emma’s earnings, subsequent to their marriage and prior to their separation. While dividing the properties, and confirming the liabilities of the parties, the court shall classify the liabilities as separate or community; and assign them appropriately (Family Code).
Sam informed Emma that he had obtained a Nevada residency certificate, and that he intended to file divorce proceedings in Nevada.