Going through a divorce can be a harrowing experience. There may be children to consider and assets to divide. However, there may also be the issue of alimony, or as known in California, spousal support. This is one area that has many variables. Here are a few things an alimony attorney close to Oceanside, CA, wants you to know.
What Is Spousal Support?
Spousal support is only awarded to a couple that has built a lifestyle together over time. This is an order that is given by the court for the higher earning spouse to pay the other a predetermined amount of money, usually monthly, for an amount of time. In the instance the couple can come to an agreement on the amount and frequency on their own, the court will uphold that agreement if it does meet legal requirements. The usual length of the marriage is in excess of 10 years before dissolution. This is just one reason you should hire the Law Office of Cynthia Ann Harris.
There Are Different Types of Spousal Support
- Temporary (alimony pendente lite): This type of support is awarded on a temporary basis and only meant to be paid while going through the divorce proceedings. These payments stop once a permanent award is made.
- Permanent: This type of award has a predetermined amount that will be paid according to the agreed upon schedule. This type usually lasts indefinitely until the payee gets married again.
- Rehabilitative: This type of award is given to the spouse who is not currently self-sufficient. It’s usually for a fixed period while the payee looks for work or goes to school to become employable.
- Reimbursement: This type of alimony is awarded when the lower earning spouse supported the other spouse through higher education. These payments will be paid at a predetermined interval in a predetermined amount.
- Lump Sum (alimony in gross): If one spouse decides they don’t want any proceeds from the division of property, the court may award one lump sum monetary award.
How is Spousal Support Calculated?
The calculation of alimony is made based on California Code 4320. This code determines how much the payee will receive and for how long. Fourteen factors are considered in the determination of support. These factors include:
- The ability of each party to maintain the standard of living to which they are accustomed.
- The contribution of each spouse to this lifestyle.
- The ability of the supporting spouse to make payments.
- The needs of each spouse based on the marital standard of living.
- The assets and obligations of each spouse.
- How long the couple was married.
- The age and health of each spouse.
- Any documentation of abuse against either spouse or their children.
- Any tax consequences either spouse will face.
- The hardships of each spouse.
- The ability of the payee to become self-sufficient.
- The criminal conviction of the abusive spouse during divorce proceedings.
- Any other factors that are deemed relevant by the court, such as the hiring of a bankruptcy lawyer.
As you can see, the issue of spousal support is not cut and dried. It’s not something you should try to handle on your own. If you’re facing the possibility of having to pay alimony, call one of our experienced divorce lawyers today. You need an alimony attorney close to Oceanside, CA, by your side.
