California spousal support law addresses situations where a spouse is voluntarily earning less than they are capable of earning — whether by choice of occupation, voluntary underemployment, or deliberate income reduction to minimize support obligations. Earning capacity divorce california analysis allows courts to base support on what a spouse can earn rather than what they are currently earning when the difference is the result of voluntary choice.
What Is Earning Capacity in California?
Earning capacity spousal support california refers to the income a party is able to generate based on their education, work history, skills, and the job market in their area — as opposed to their current actual income. Family Code section 4320(a) directs courts to consider "the marketable skills of the supported party; the job market for those skills; the time and expense required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment." Earning capacity is relevant both to the supported spouse (how long before they can support themselves) and to the paying spouse (whether their current income accurately reflects their ability to pay).
Imputed Income in California Divorce
Imputing income california divorce courts do when a party earns less than their capacity allows. If a paying spouse voluntarily leaves a high-paying job to take a lower-paying one shortly before or during divorce proceedings, courts can impute the higher income for support calculation purposes. If a supported spouse refuses to seek employment despite the ability to work, courts can impute income based on their earning capacity rather than their zero current earnings.
Imputed income california is based on what the party could earn in the labor market given their qualifications — not necessarily what they earned in the past. A former attorney who abandons their career to avoid paying support can have attorney-level income imputed. A supported spouse who is a licensed professional choosing not to work can have professional-level income imputed to offset their claimed need for support.
Voluntarily Unemployed Spouse in California
Voluntarily unemployed spousal support california analysis requires the party seeking to impute income to show that the other party is capable of earning more, is not doing so voluntarily rather than due to circumstances beyond their control, and that the labor market has available positions consistent with their qualifications. Courts distinguish between voluntary unemployment (choosing not to work when capable) and involuntary unemployment (unable to find work despite reasonable efforts). An underemployed spouse california who is working in a lower position than their qualifications allow can have income imputed to the capacity level if the underemployment is voluntary.
Furubotten Law, APC handles earning capacity disputes in spousal support proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.
The process of imputing income divorce California courts apply ensures that support calculations reflect actual earning capacity rather than artificial income reductions. Call (714) 795-3862 to discuss how imputed income may affect your case.