Spousal Support
When a couple separates, the Court may order that one spouse pay spousal support to the other spouse. Spousal support is analogous to the word “alimony.” The determination of the eligibility and amount of spousal support one is entitled to receive is a complicated issue. You should speak with an attorney to determine whether or not your situation warrants an order for spousal support as well as the amount.
Property Division and Complex Property Issues – Parties going through dissolution of marriage must decide how to divide their assets and debts acquired/incurred during the marriage. The division of property can be complicated and involves a multi-layered process. The parties’ assets and debts must be ascertained. It must also be determined whether or not property and/or assets are community property or separate property. These assets and debts must be valued and then divided equally (if community property). The rules governing the division of property can be complex and may sometimes call for the retention of a forensic accountant and/or other experts. A lawyer can walk you through this process and determine the best way to proceed to a resolution.
Tips for Spousal Support
Availability of Spousal Support: Spousal support is not automatically ordered in every divorce case. California law generally provides spousal support only in cases where the couple was married and one spouse earned significantly more money than the other spouse.
Three Types of Spousal Support: Spousal support in California is either temporary, short-term, or long-term. Temporary spousal support is usually awarded during the pendency of the divorce proceedings; short-term spousal support is ordered to allow a spouse time to become self-supporting, and long-term spousal support is generally awarded after a lengthy marriage in situations where the supported spouse does not have the ability to support themselves.
Factors That Determine the Amount and Duration of Spousal Support: California law provides specific factors that must be considered in determining the amount and duration of spousal support, including each spouse’s earning capacity, length of the marriage, age and health of each spouse, and standard of living established during the marriage.
Termination of Spousal Support: Spousal support is usually terminated upon the death of either spouse, remarriage of the supported spouse, and when there are changed circumstances that make support unnecessary
Modification of Spousal Support: Spousal support orders may be modified if there’s a significant change in the financial circumstances of either party. This can include a change in income or expenses, or if the supported spouse becomes self-supporting.
Legal Representation: Spousal support can be a complex and contentious issue in divorce. It’s recommended that you consult an experienced family law attorney who can help you navigate the legal aspects and advise you on the best course of action.