The Attorneys here at ABA LAW GROUP have close to 30 years of combined experience in handling legal cases. If you have concerns or questions regarding issues of Spousal Support, let one of our attorneys here at ABA LAW GROUP set up a free consultation to review your case to determine your issues and what would be the best direction to proceed.
During a divorce proceeding, the court may award spousal support to one of the spouses. This award may be done in one of two ways. Either by agreement between the both parties or by a court decision. These decisions can be modified under certain circumstances.
Family Code 4320
- Family Code 4320 provides a variety of factors that the court considers when establishing a spousal support award. Those factors include the following:
The marital standard of living
- The skills of the person receiving the support, the job market for a person with those skills, and what further time and expense is needed to further develop those skills to make themselves more marketable
- How were the supported parties skills impaired by periods of unemployment incurred during the marriage to devote time to domestic duties
- Whether or not the supported person contributed to the supporting parties attainment of an education, training or a career
The ability of the supporting party to pay
- The needs of the party receiving the support to live up to the marital standard
- The separate property of both parties
- The duration of the marriage
- The ability of the supported person to engage in gainful employment without it being detrimental to dependent children in their custody
The age and health of the parties
- Documented domestic violence in the relationship or criminal convictions for the same
- Tax implications
- Hardships to both parties
- The goal that the supported party shall become self-supporting after a reasonable time for short term marriages
- Any other relevant factors.
Purpose of Spousal Support:
Spousal Support is generally order with the intent to limit any economic disadvantage as a result of a divorce by providing the receiving spouse continuing income who may be either a non-wage-earning or lower-wage-earning than the paying spouse. The basis for the Spousal Support award to the receiving spouse may be to also compensate that spouse who may have chosen to forego any career opportunities to support the family. Based on this family sacrifice, the receiving spouse may need time to develop job skills to support themselves at the marital standard of living they once enjoyed while they were married.
There are different rules that apply to either long term marriages, 10 years or longer, or short term marriages. There are also different rules which apply towards temporary Spousal Support Order and Permanent Spousal Support orders.
However, these issues can be easily navigated to determine what type of Spousal Support award may be ordered by the court. If you have any questions concerning Spousal Support, any one of our Attorneys here at ABA LAW GROUP would be happy to set up a free consultation to discuss the details of your case with you and determine what may be the best direction to proceed with your case. One of our attorneys can appear in court with you to ensure you are properly represented by arguing all points of your case to allow the court to take all the facts and evidence into consideration.
If you have questions, please contact us so we can set up a free consultation so we can evaluate your case and determine the best direction to proceed. Our Attorneys here at ABA LAW GROUP have close to 30 years of legal experience.
Let us put that experience to work for you.
Contact us at (818) 352-0800 or you can make an appointment online.