Spousal Support Orders during and after Divorce                 

Spousal Support is different than child support and is designed to maintain the financial equilibrium between spouses during and after a divorce, by helping the lower-wage-earning-spouse or non-wage-earning-spouse.  It is imperative to accurately document income, investigate assets and prepare to present evidence, if necessary, to the Court to ensure the Spousal Support orders if made or negotiated are correct.

 

Spousal Support— What Factors make a difference to a Court


The law in California regarding spousal support takes into consideration different factors, codified by law. The Court receives detailed information to make a determination of the amount and duration of Spousal Support, if it is ordered.  California Family Code 4320 delineates the factors as follows:

  • The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following
  • The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
  • The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
  • The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
  • The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.
  • The needs of each party based on the standard of living established during the marriage.
  • The obligations and assets, including the separate property, of each party.
  • The duration of the marriage.
  • The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
  • The age and health of the parties.
  • Documented evidence, including a plea of nolo contendere, of any history of domestic violence
  • The immediate and specific tax consequences to each party.
  • The balance of the hardships to each party.
  • The goal that the supported party shall be self-supporting within a reasonable period of time

Depending on these factors, the amount of Spousal Support ordered by a Court will vary. In general, Spousal Support will last half the length of marriage for marriages under 10 years.  For marriages 10 years in length or longer, they are considered "long term Marriages" under California Family law and the Support Order by the Court will likely not have a defined end date. Please contact us to discuss your options for obtaining a correct Spousal Support Order  during or after your marital dissolution case.


I am divorce lawyer Bradley S. Sandler, and I have ample experience bringing legal action for the purpose of obtaining a fair Spousal Support court order.  I can also help if you are paying spousal support and have reason to believe your ex-spouse is no longer eligible because of remarriage, cohabitation or any other reason.


Call to learn about Temporary versus Permanent Spousal Support Orders


In any such Family  judgment matter, I can help bring fast relief and enforcement of judgments through proper legal channels. Call 310-246-3900 or send an email to Bradley@sandlerlawfirm.com for a prompt response.

Spousal Support can be one the most important Court Orders of your life, make sure you get it right

I am divorce lawyer Bradley S. Sandler, and I have ample experience bringing legal action for the purpose of obtaining a fair Spousal Support court order.  I can also help if you are paying spousal support and have reason to believe your ex-spouse is no longer eligible because of remarriage, cohabitation or any other reason.