It is no secret that Demi Moore and Ashton Kutcher separated more than a year ago. The news spread through the tabloids in no time. But it took until this past December for one of the parties to file for divorce. According to a Huffington Post article, Kutcher filed first and Moore just recently responded by filing her own papers. The intriguing, and perhaps surprising part of this story is that Demi Moore is seeking spousal support from Kutcher. When a couple decides to end their marriage, often one of the parties is entitled to spousal support. If you or someone you know is contemplating divorce, it is imperative that you seek the advice of an experienced San Diego family law attorney, as early in the proceedings as possible, to identify and help protect your rights.
The article reports that Moore, who is 50-years-old, is asking Kutcher for spousal support and, to pay her attorney's fees, despite that she is worth (financially) more than he is. Some news sources have speculated that Moore was hurt by an affair Kutcher was thought to be having with a 23-year-old woman right before their separation. Reports also suggest that Moore is upset about Kutcher's publicly known relationship with Mila Kunis, an actress who starred in "That 70's Show" years ago, along with Kutcher.
From a financial standpoint, the request for spousal support seems to be stemming from bad feelings rather than a need to get by. According to the article, when Moore divorced Bruce Willis, she received $90 million. Currently, she is reported to be worth $150 million, compared to Kutcher's reported worth of $140 million. The decision on the amount, if any, of spousal support Demi Moore is entitled to will be determined by the court.
Under California law, when parties are divorcing, the court may order one spouse to pay the other a specified amount of money for support each month. A judge will look at what each spouse is able to earn to keep their standard of living as close to what they had during the marriage. In order to do this, the court will consider a variety of factors: (1) any marketable skills of the spouse receiving the support; (2) the current job market for those skills; (3) the expense and time it will take for the spouse who receives the support to obtain the training or education to get a job or to develop marketable skills or; (4) the extent that the earning capacity of the spouse who receives the support was adversely affected by unemployment during the marriage due to domestic responsibilities.
When one considers the above factors, it will be interesting to see what a court will order in terms of spousal support for Demi Moore. She seems to have earning potential and to be worth a great deal of money. For divorcing spouses who are not famous actors, the situation can be quite different. In order to ensure that you are treated fairly when it comes to spousal support, it is important to have an attorney who you can trust to protect your rights.
Thomas Huguenor is a divorce attorney certified by the State of California, who has represented people in San Diego finding their way through the California divorce process for over 35 years. If you have questions about spousal support, contact us today online or at (858) 458-9500 to schedule a free and confidential consultation.
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