Everything
You Need to Know About Spousal Support
When a couple files for divorce or legal
separation, the court may order one spouse to pay the other spouse a fixed
amount of money monthly. The payment is called alimony or spousal support, and
the parties can agree on this amount through mediation.
The purpose of spousal support is to limit the
unjust economic effects of the divorce by providing steady income to the other
spouse who is either unemployed or has a much lower income. Some justifications
for spousal support include:
·
The ex-spouse did not pursue a career to support the family
·
The ex-spouse will need more time to develop job skills to
support themselves
·
To help the ex-spouse maintain his or her standard of living
Spousal support can be established in the
following court cases:
·
Divorce
·
Annulment
·
Legal separation
·
Restraining Order due to domestic violence
What
is a Temporary Spousal Support Order?
One spouse can apply for support while the
divorce case is ongoing. This payment is called temporary spousal support order
or pendente lite spousal support.
The judicial council of California has
certified the use of the DissoMaster to calculate
for the temporary spousal support. The formula is:
40% of Husband’s Income - 50% of Wife’s Income = Temporary Spousal
Support
Factors
that Affect Spousal Support
When determining the permanent spousal support,
the judge will not use any formula. The judge will base his or her decision on
the factors stipulated by California’s Family Code
Section 4320.
The code states that the amount of spousal
support should be based on the following the earning capacity of the spouse to
maintain the same standard of living during the marriage.
To determine this, the following are some
factors the judge may consider:
1. Marketable
skills and the job market for those skills of the requesting spouse
2. The time and
amount needed by the requesting spouse to learn and develop those skills
3. The need to
train for additional and more marketable skills
4. The extent to
which the earning capacity was stifled and underdeveloped during the marriage
by choosing to devote time to and focus on domestic and family duties
5. The contribution
of the supported party to the attainment of education and career position of
the supporting party
6. How much the
other spouse can pay for support, given the supporting spouse’s earning
capacity, assets, earned and unearned income, and standard of living
7. The needs of
each spouse to maintain the same standard of living during the marriage
8. The length of the
marriage
The duration of
the marriage is an essential factor that determines how long the spousal
support should be given. When the couple has been married for more than 10
years, the judge may not set an end date for the payment of alimony.
For shorter
durations, one-half of the length of the marriage is considered a reasonable
time for the supported party to be able to support himself or herself. However,
the judge can also make a different decision based on the unique circumstances
of the couple such as the following.
9. The ability of
the supported party to take on a job while taking care of the children
10. The debts and
properties of the couple, both community and separate
11. The age and
health of both spouses
12. History of
domestic abuse and violence
If there is a
record of domestic violence by the supporting spouse, the court will consider
the emotional and psychological distress suffered by the supported spouse from
the abuse. Any emotional trauma suffered by the victim should be supported.
On the other hand,
any history of abuse and violence by the supported party to the supporting
spouse could be a ground for the court not to award spousal support.
13. Tax impact of
spousal support, who pays the taxes, and who gets the tax deductions
14. The balance of
the hardships to each party
It simply means
that the court should consider and weigh all circumstances that surround
husband and wife when determining the amount and duration for spousal support.
15. Any other
factors that the court considers to be just and equitable
This catch-all
statement states that the court has the legal authority to consider other
circumstances that are not specifically indicated in the law.
What
are Spousal Support Agreements?
The couple has the choice not to go in front of
the judge and can agree to a spousal support order and sign a spousal support
agreement. A divorce mediation attorneyin Orange County can help you in the process and inform you of your rights
and responsibilities, as well as discuss with you how spousal support works.
Through mediation and negotiation, you can discuss and agree on the amount and
the duration of the alimony.
Filing for spousal support is a very
complicated matter. Seek a reputable family law attorney in Orange County to
guide and help you through the process.
Are
you getting a Divorce? Contact Cordial Family Lawyers
At Cordial Family Lawyers, we believe that a divorce doesn’t need to be more
stressful than it already is. We offer flat-fee divorce attorney services to
help you settle amicably and peacefully.
Skip the court battles and let our divorce mediation attorney help you
reach an agreement that will benefit you both. A divorce does not have to be a
fight for who gets the bigger slice of the cake. By partaking in mediation, you
do not just save time and money, but you also save yourself and your children
from unnecessary heartbreak. Contact us today, and let’s discuss your case.
