How is Spousal Support Determined?

How is Spousal Support Determined?

Spousal support is designed to help the spouse that earns less income maintain a similar standard of living to what the couple had during the marriage. Spousal support is different for everyone and the length of time it will last and the amount that is awarded are based on numerous factors. Continue reading to find out more about how spousal support is determined in a divorce.

Understanding How Spousal Support is Calculated

In California, there are two main types of support – temporary and permanent. Temporary spousal support may be ordered while a divorce is still in the process of being finalized, so certain living conditions can be maintained. Permanent support continues after the divorce is finalized and, despite its name, it is not designed to last forever.

The length of spousal support is largely based on the length of the marriage. For example, if your marriage lasted for longer than 10 years, the lesser earning spouse may receive spousal support for as long as it is necessary, without an automatic termination date. If the marriage lasted for 8 years, however, support may last half as long.

The amount of support awarded is based on many more factors, including:

  • The earning capacity of each spouse and their ability to maintain the standard of living they had during the marriage.
  • The extent to which the supported spouse contributed to the other’s training, education, or career.
  • The needs of each spouse.
  • The ability of the supporting spouse to pay support.
  • The obligations and assets of each spouse.
  • The age and overall health of each spouse.
  • The immediate tax consequences each party will face.
  • Documented evidence of domestic violence, including emotional distress that resulted from the violence.
  • The criminal conviction of an abusive spouse.
  • Any other factors a judge deems pertinent for determining spousal support.

Set Up a Consultation with an Experienced Divorce Attorney to Discuss Your Case Today!

If you are planning to file for divorce, the Law Offices of Jeffrey S. Graff can provide the knowledgeable legal guidance you need to work toward the best possible results for your case. Our family law attorney has more than 35 years of experience and is backed by a history of successful results.

Reach out to our law office today at (805) 633-4999 to set up a consultation with our skilled attorney to discuss the details of your divorce case and learn more about your legal options.

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