In California, spousal support awarded in a divorce unfolds through various factors. We explore them in this article. Continue reading to discover:
- The difference between temporary and permanent spousal support.
- The purpose and intention of each.
- How spousal support is calculated.
When Is Spousal Support Awarded In California Divorce? How Much Will I Get In Spousal Support? How Much Will I Have To Pay?
In California, courts can award spousal support in two main forms: temporary spousal support and permanent spousal support.
How Courts Calculate Temporary Spousal Support
Temporary spousal support awarded in a divorce aims to maintain the standard of living during divorce proceedings. The court determines it using a formula that considers various financial factors of both parties. For example, the court typically generates this calculation through a program like DissoMaster, which takes into account income, tax deductions, and other relevant financial details. While the court usually relies on the recommended amount this formula produces upwards of 97% of the time, you can make arguments for adjustments based on specific circumstances, such as a history of employment or the capacity to earn income.
Permanent Spousal Support For Long-Term Marriages
Permanent spousal support comes in two categories based on the duration of the marriage: long-term and short-term. Long-term marriages in California are those over ten years and are entitled to indefinite spousal support. By that, I mean that you can negotiate anything you want in an agreement.
Spousal support with long-term marriages often continues until one of the following happens:
- Remarriage;
- Significant change in financial circumstances;
- The death of either party.
How Permanent Support Amounts And End Dates Work
The amount of permanent spousal support is typically lower than temporary support, considering the transition to supporting two separate households. However, spouses can also negotiate agreements to establish an end date for support payments.
Spousal Support In Shorter Marriages
For short-term marriages, courts generally provide spousal support for a defined period, often tied to the duration of the marriage. Support typically continues until the receiving party can achieve financial independence through employment or other means.
Permanent spousal support is particularly common in cases where one spouse has not been working for some time. That spouse often needs financial assistance to transition to living on their own. For instance, a good example of this would be a housewife or husband who has been raising children for the past 25 years and whose working spouse wants a divorce.
For more information on Spousal Support Awarded In A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 915-9113 today.
