Spousal support refers to any court-ordered payment arrangement between former spouses. If you are getting a divorce in California, the court may order you or the other party to pay spousal support. At Deccan Law, our Upland spousal support lawyer can advocate for your best interests regardless of which party you are. We can ensure the payment arrangement is fair and is the best solution for the situation.
Since the dissolution of marriage may result in uneven financial circumstances for the party who does not earn enough income to support themselves independently, spousal support can help them continue to maintain their standard of living temporarily or permanently.
When Does Spousal Support Begin?
This legal action can begin before the finalization of a divorce. For example, a judge may award the party seeking support a temporary payment arrangement until an official document is created. Sometimes, a judge may even award retroactive support for the party seeking a payment if they did not have any support during the divorce and needed it.
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Types of Spousal Support
A court may choose to award one of the following support plans :
- Temporary Support: This support is usually awarded after legal separation and lasts until the finalization of the divorce.
- Permanent Support: This support option begins as soon as the divorce is finalized and lasts until either party dies or the party seeking support remarries.
- Rehabilitative Support: This support is only lasts for a certain amount of time and is designed to give the supported party time to become self sufficient
- Lump Sum Support: This type of payment is a one-time monetary arrangement and is often only utilized if a couple is selling a marital home or physical property.
- Reimbursement Support: This type of payment occurs when one party repays the other for covering the cost of education, vocational training, or something similar.
California Spousal Support Calculations
As with the type of spousal support a party may receive, the calculation is based on the unique circumstances of each case. However, there are a few factors a judge usually uses to determine how to calculate the payment.
These factors include :
- The income and earning capacity of each party as well as how their incomes relate to the current marital standard of living.
- The skills and marketability of the spouse who receives the payment. If the spouse does not have the skills needed to acquire a job, they may receive spousal support while they take an appropriate education course.
- If the spouse seeking support gave up their career or education to take care of the family home and children, they may receive support until they are able to become self-sufficient.
- If the spouse responsible for paying support is financially able to do so without compromising their stability.
Temporary vs. Permanent Support
As mentioned above, temporary support is usually awarded before a final divorce judgment. However, once an official divorce decree has been made, this temporary payment plan may become permanent.
Permanent does not necessarily mean it will last forever. Rather, the majority of spousal support arrangements do not last forever. Spousal support is usually only established for a certain amount of time and once that time period ends, the paying party is no longer required to support the other party.
Permanent support is usually awarded in rare circumstances. For example, if a married couple has been married for 10 years or more and one party decided to give up their career to the family home, they are likely to receive permanent support.
Creating Sound Spousal Support Arrangements
At Deccan Law, our attorney is more than experienced with all aspects of divorce proceedings. If you and your spouse are having trouble creating a beneficial support arrangement, we can help you create one that works best for your situation.
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