Long Beach Spousal Support Attorneys
Spousal support, or alimony, is the amount of money the court orders the higher earning spouse to pay to the other spouse every month. There are two types of spousal support: temporary and permanent. The purpose of temporary spousal support is to allow the parties to continue to share the lifestyle they had become accustomed to during the marriage until a final divorce settlement is reached. Temporary spousal support is typically based on a formula. A permanent spousal support order is not based on a formula but must be based on the various factors contained in Family Code Section 4320.
Our Approach to Spousal Support
It is important to note that a spousal support award is not automatic. The courts have broad discretion to determine the allotted amount as well as the duration in which the support will be given. With this in mind, you’ll need an attorney who is experienced and knowledgeable in these areas to ensure that the proper factors are presented to the court for consideration. This will also enable you to obtain the best possible result. Some of the factors that determine the award include the length of the marriage, the standard of living that was established during marriage, and the ability of the high-wage-earning spouse to support the former spouse as well as him or herself.
When handling cases that involve high net worth clients, we often employ the work of forensic accountants and financial experts to help ensure our client’s financial future is not compromised by any means. Our Long Beach spousal support attorneys have years of experience dealing with support cases and will work diligently to ensure that all relevant factors are considered in the calculation to try to obtain the most favorable support order possible for you and your family.
How Spousal Support Is Calculated
Spousal support, previously referred to as “alimony,” is not mandatory but may be ordered by a judge in certain circumstances. Spousal support may not be an option if the marriage was for a short period of time or if both parties are gainfully employed. In California, there is no concrete formula for determining the amount of spousal support and the court has a large amount of discretion in the process. The court will take into consideration factors like whether the spouse will be able to maintain the standard of living established in the marriage, the marketable skills and the earning capacity of the supported party, the extent to which the supported party contributed to the education of the supporting party, the needs of each party, the duration of the marriage, age of both parties, and a variety of other factors.
FAQs About Spousal Support
Do all divorces and separations involve spousal support?
Only about 10-15% of all divorces include spousal support.
Can extramarital affairs affect the amount of my spousal support payments?
California offers no-fault divorce state, which means that affairs are not considered in spousal support payments.
Will increase in my income affect the amount of spousal support I have to pay?
No. The court will not factor your increased earnings after your separation into spousal support payments.
How long does spousal support last?
If the marriage was fewer than ten years, spousal support generally lasts for half of the length of the marriage. If the marriage was greater than ten years, the court will determine the terms of the support, based on previous case history.
Is spousal support taxed?
It is usually considered tax deductible for the supporting spouse and taxable income for the supported spouse.