Understanding how spousal support is awarded in the State of California is important when beginning the dissolution process. There are many nuances in determining spousal support, both at the beginning of the dissolution or legal separation process (referred to as temporary spousal support) and upon final judgment (referred to as a final spousal support order). Please contact a skilled Valencia family law attorney now for help with spousal support questions. You deserve quality representation!
Use of Computer Programs
California courts allow a computer-generated program to be used to determine temporary spousal support, during the pendency of the divorce proceeding. This can be accomplished either by agreement of the parties (stipulation) or upon order of the court after a Request for Order is filed and adjudicated.
Consideration of Factors for Final Support Order
The computer-generated program is not used in establishing a final support order. For a final support order, courts will consider a variety of factors.
The first thing the court will look to is the length of the marriage. While there can be exceptions, in California, a long-term marriage is considered anything over ten years. In a marriage of less than ten years, spousal support will not typically exceed one half the length of the marriage. However, in a long-term marriage, the court will not typically cut off support on a certain date.
In determining the spousal support amount awarded, for both a short term and long-term marriage, the court will look to the factors included in California Family Code Section 4320. These include:
- The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage,
- 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,
- 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, and
- Any other factors that the court determines are just and equitable.
Contact the Family Law Attorneys at Barnholtz & Kugler for Help
It is important to have an advocate on your side when spousal support is at issue. At the Santa Clarita Valley law firm of Barnholtz & Kugler, we have extensive experience fighting for our clients both with opposing counsel and, if required, in the courtroom. Our attorneys have over 40 years of combined experience achieving favorable outcomes for their family law clients. Contact them today for the quality legal help you deserve.
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