When a marriage ends and the divorce process begins, there are several issues that must be resolved before a final dissolution of the marriage can be granted by the court. Unfortunately, many of these issues can be contentious, and one such issue that can quickly become heated is that of spousal support. If you are facing the prospect of needing spousal support or potentially paying spousal support, you need an experienced San Diego Spousal Support Attorney by your side.
California spousal support orders are generally provided by the court when it is needed by the spouse who has not been generating as much income for the family to be able to maintain his or her lifestyle. These payments are generally made on a monthly basis and will continue for a duration that should be set out in the final order.
Factors the Court Will Consider
California law provides for several factors that courts will use to determine whether an order for spousal support is appropriate for each individual case. Examples of these factors include:
- An analysis of the financial position of each party before and after the divorce is completed;
- Each spouse’s ability to work and earning capacity based on work history, education level and marketable skills;
- The reasonable needs of each spouse based on lifestyle norms;
- The nature of the assets awarded to each spouse as a result of the property division;
- Evidence regarding whether a supported spouse has made reasonable efforts to obtain gainful employment;
- The tax consequences for both the party paying spousal support and the party receiving it;
- The ability of the spouse who would pay support to reasonably make those payments;
- Any other lawful and valid support obligations owed by the party who would be paying this support; and
- The duration of the marriage.
These are only examples of the factors that courts will use to make this decision and they serve as important guidelines that need to be understood. Spousal support orders can be temporary or permanent and a variety of factors can cause the support order to be terminated.
If you are facing the prospect of dealing with spousal support, you need to make sure that all of your legal rights are properly protected and enforced. Call one of our experienced San Diego spousal support attorneys today to see how we can help.