Understanding Spousal Support Calculations In California
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Understanding Spousal Support Calculations In California
When a divorce happens, many decisions need to be made that affect both parties. Spousal support, known commonly as alimony, is just one of them. It provides financial support to a party who was a non-wage or low-wage earner during the length of the marriage. The intent of this type of support is to prevent that party, who contributed in other ways to the marriage, from receiving an unfair economic disadvantage upon the divorce.
Couples can come to an amicable agreement on spousal support that will be provided to one of the parties in the marriage, but often the relationship is hostile and the court is needed to step in as a neutral party to make this decision.
Factors Used To Determine Spousal Support
In California, spousal support can be provided on a temporary or permanent basis. Temporary alimony is given while the divorce is being finalized until a permanent, or long-term amount, is determined.
Courts often use a variety of factors when determining how much permanent spousal support to award a party. These include but are not limited to:
The timeframe of the marriage or domestic partnership
The marital standard of living
The age and health circumstances of each party
The interests of any children involved
The time needed for the receiving party to receive education or training to become self supporting
The detriment to the payor if support were to be required
The contribution of one party to another with educational, career assistance
Time Frame
Typically spousal support isn't awarded on a permanent basis. Along with the established amount, the divorce decree typically sets out the timeframe the spousal support is to be paid. The time period depends on many factors, but typically courts will look at how long, based on the specific circumstances, it will take a party to adequately support him or herself. This likely takes time as the party either searches for a job or receives educational training.
If you have questions about spousal support and how the law and factors may apply to your situation, speaking with a Newport Beach family law attorney knowledgeable in this area of family law is advised. Your lawyer can offer advice on the best course of action for your circumstances. Contact us today.
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For a consultation with an Orange County attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online.
Community Resources:
A variety of nonprofit social services agencies provide counseling services to divorcing families in the areas of domestic violence, marriage, family and children, and drug and alcohol abuse. Legal assistance is also available. For a list of these community resources, please contact Family Court Services at 714-935-6550.
Books To Help Divorcing Parents And Their Children:
My Mom and Dad Are Getting a Divorce by Florence Bienenfeld
Mom's House, Dad's House by Isolina Ricci, Ph.D.
Co-Parenting by Miriam Galper
When Living Hurts by Gordon Sol
Megan's Book of Divorce: A Kid's Book for Adults by Eric Jong
Child Custody: Building Agreements That Work by Mimi E. Lyster
The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals by Richard A. Gardner, M.D.