The Law Regarding Spousal Support
Unlike child support, spousal support is not calculated through a fixed formula. The courts rely upon a number of factors other than income in determining the amount of spousal support, or alimony. As such, spousal support is one of the most highly contested aspects of divorce.
Because spousal support affects both spouses and may also affect any children involved, it is important that support agreements are handled carefully and fairly. If spouses are on good terms, spousal support may be worked out amicably without court intervention. If court intervention is required, then the focus shifts to the factors that the court examines in making a spousal support order.
How Spousal Support is Started
To officially start spousal support in California, you must ask a judge to make a court order. With a temporary spousal support order, you may even ask for support while a case is ongoing. When spousal support is ordered after a divorce or legal separation is finalized, it is known as permanent/long-term spousal support. In any event, spousal support is formally petitioned by filing paperwork with the court.
The Factors Considered in Determining Spousal Support
When a judge makes a decision about spousal support, they weigh many factors of a particular situation. Because court-ordered spousal support takes information about each spouse into account, it is important to have vital information readily available. If this information is not properly prepared, a spousal support may take longer to be fulfilled, or may fail to meet fair standards of support for the parties involved. The factors used to determine spousal support include:
- Each spouse’s earning ability
- Each spouse’s level of education
- The age and health of the parties
- The time each spouse spent raising children during marriage
- The length of the marriage
- The spouse’s standard of living during the marriage
Contact the Saghera Law Group for an Experienced Spousal Support Attorney
At the Saghera Law Group, we have the knowledge and experience to represent your interests under California state spousal support laws. We can also assist you with enforcement of spousal support through wage garnishment and other actions after your divorce, as well as post-judgment modification of support if a significant change in circumstances has made your original arrangement no longer possible. If you need further assistance, please call us or schedule a no-charge consultation today.