Earning Capacity of the Supporting Spouse


Nicole Jacobs


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


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.”