When going through a divorce, spousal support may be an area of concern. Therefore, it is smart for you to be familiar with how spousal support is determined. Several factors are considered when determining the proper amount of spousal support in the state of California.
Essential Factors When Determining Spousal Support Amounts
Several factors are considered when determining spousal support. These include:
- Length of domestic partnership or marriage
- The ability of each person to pay based on their earnings and earning capacity
- Standard of living experienced during the domestic partnership or marriage
- Impact of working outside the home and requirements for childcare
- Health and ages of both domestic partners and spouses
- Any cases of domestic violence during the relationship
- Tax impact of spousal support
- Property and debts of each person
The factors above are used to determine if spousal support will be awarded, how much is given, and how long it is provided. All these factors impact the person receiving spousal support, along with the one who is paying it.
As a result, both individuals need to be aware of how things are determined, which will help them prioritize their interests as they go through a divorce and property division.
Why a Spousal Support Attorney May be Necessary?
In California, spousal support is one of the most contentious issues. The spouse with more money does not want to lose all their money and continue to support their former spouse after the divorce is finalized. However, the spouse with fewer assets and who is less financially secure may rely on this support to cover day-to-day expenses, all while trying to establish financial independence for themselves.
Regardless of what side you find yourself on, working with a professional and experienced California attorney with expertise in the divorce and spousal support areas is essential. During the spousal support negotiations, your legal representation will work for you to help ensure the final decision is fair based on your needs and situation.
The Court’s Involvement with Spousal Support
If you and your spouse are unable to agree on the type and duration of spousal support, even with an attorney’s help, the court has the discretion to determine what is appropriate. According to California Law, the court will consider the above factors when determining the spousal support awarded – if any.
Duration of Spousal Support
Along with determining the amount of spousal support, the court also has discretion regarding how long spousal support is paid after the divorce. According to the current law, marriages of up to 10 years have support limits equal to one half the length of the marriage. However, there is no requirement for the judge to adhere to this. For marriages for more than 10 years, the court may require spousal support to be paid indefinitely or until the spouse receiving support or providing the support dies.
Finding the Right Attorney
When it comes to spousal support in California, having an attorney on your side is essential. Keep the information here in mind to ensure you have someone to help ensure your interests are protected during the legal proceedings.