Spousal Support Lawyer in Valencia, CA
Serving Valencia Families Who Are Facing Divorce
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). The court allows a computer generated program to be used to determine temporary spousal support, during the pendency of the 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. This computer generated program is not used in establishing a final support order.
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 then 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 which include:
- The earning ability of each party to continue the standard of living that they enjoyed during the marriage
- Whether the party requesting spousal support aided the payor party in receiving their education, training, current or past job, or licensing that aids employment
- The payor parties ability to make support payments, based on their earning capacity, both earned income and unearned income, both community property and separate property assets, and their standard of living
- Each party's needs, looking at the standard of living during the marriage
- Each parties debts and assets, both community property and separate property
- Length of the marriage
- The party requesting spousal supports ability to retain employment, balancing with the need of minor children
- The parties health condition and the age of the parties. Domestic violence, causing emotional distress will be taken into consideration
- Tax consequences of spousal support by the payor and payee spouse
- Weight of the hardships each party will face (by paying support or by not receiving needed support)
- The notion that the party receiving support should have the goal of supporting themselves in a reasonable period of time. A reasonable period of time for a short term marriage of less then 10 years, is typically one half the length of the marriage
The court my take into consideration any other factors determined to be equitable and just
It is important to have an advocate on your side when spousal support is at issue. At Barnholtz & Kugler, we have extensive experience fighting for our clients both with opposing counsel and, if required, in the courtroom.
If you need an attorney for a spousal support case in Santa Clarita, contact a Valencia divorce lawyer from our firm today to schedule an appointment!
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