Alimony & Spousal Support Lawyer in Encinitas & Temecula
Information about Alimony and Spousal Support
Alimony, which is referred to in California as “spousal support,” is not an automatic component of every divorce action in California.
In order to determine whether or not an order for spousal support is appropriate in your matter, an experienced lawyer must perform a thorough analysis of the facts of your situation to determine how to best present a case for or against the implementation of a spousal support order.
There are Two Types of Alimony in California:
A temporary order for support is intended to maintain the financial status quo between the time of filing of the divorce and the final order or Judgment.
This type of spousal support can be determined using the same computer programs used in calculation of child support. Where appropriate, however, the court will consider an order which deviates from a “guideline,” in order to factor in exceptional circumstances affecting the maintenance of the status quo. Determination of true income, needs, and marital standard of living is vital.
This type of alimony is designed to meet a spouse’s financial needs after a divorce has been completed. In establishing a permanent order for spousal support, the court will look to a series of variables set forth in the Family Code, to determine the amount, duration, and security for a spousal support award.
The Factors Reviewed by the Court Include:
- The Length of the Marriage
- The Marital Standard of Living
- The Employability of the Spouses
- The Ability of the Supporting Spouse to Pay
- The Period of Time the Supported Party Stayed Home with Children
- The Obligations and Assets of each Spouse
- The Age and Health of the Parties
- Tax Consequences
- The Balance of Hardships
- The Occurrence of Domestic Violence and Other Factors
Calculating Spousal Takes the Following Into Account:
- The Length of the Marriage Or Domestic Partnership
- What Each Person Needs Based on the Standard of Living They Had During the Marriage or Domestic Partnership
- What Each Person Pays or Can Pay (Including Earnings and Earning Capacity) to Keep the Standard of Living They Had During the Marriage or
- Whether Having a Job Would Make it to Hard to Take Care of Children
- The Age and Health of Both People
- Debts and Property
- Whether One Spouse or Domestic Partner Helped the Other Get an Education, Training, Career, or Professional License
- Whether There Was Domestic Violence in the Marriage or Domestic Partnership
- Whether One Spouse’s or Domestic Partner’s Career was Affected by Unemployment or by Taking Care of Children or Home
- The Tax Impact of Spousal Support