Earning Capacity of the Supporting Spouse

Author(s)

Nicole Jacobs

Details

Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Issue:
Start Page: 167
Month: December
Year: 2015
Type: Article

Abstract

California’s divorce courts have historically consulted the supporting spouse’s earning capacity in entertaining requests for alimony. They define “earning capacity”—a species of imputation of earnings, as distinct from actual earnings—roughly to mean “the income the spouse is reasonably capable of earning based upon the spouse’s age, health, education, marketable skills, employment history, and the availability of employment opportunities.”