Spousal Support
Spousal Support
Divorce is an all-encompassing transition that separates you from your partner physically, emotionally, and financially. Separation from a partner can lead to fears of financial insecurity. You may have depended on your partner for monetary support, or you might have forgone a career to care for your family and are left without a certain career path. Regardless of where you stand, spousal support, also known as spousal maintenance or alimony, helps to ensure neither partner is left financially compromised. This allows you to continue receiving support when you cannot support yourself independently.
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Determining Spousal Support in California
After a divorce, it’s important that both partners are financially situated. In some marriages, both partners were financially interdependent and cannot manage on their own. While spousal support is not required in cases like this, it may still be beneficial depending on the circumstances. When deciding spousal support, the courts will consider many factors including:
- The financial wellbeing of each partner: Financial independence is important to ensure both partners can sustain themselves. Each partner’s income must reach their location’s standard of living, and the lower-income partner will receive support until he or she is able to support themselves. This extends to the providing partner’s ability to pay spousal support: if this partner cannot afford spousal support, another course of action must be made.
- Employment: Employability impacts whether you can support yourself independently and provide for your children. If a partner has a history of unemployment or inability to work, this may impact his or her ability to secure a steady income. Therefore, each partners’ professional skill sets or lack thereof are considered to determine whether support is necessary.
- How long the marriage lasted: Aside from the amount of support and how it’s directed, the courts must also determine the duration. In most cases, support is temporary and is provided only until the other partner has developed the necessary skills to secure employment. However, there are circumstances in which extended support of an undetermined length might be feasible. Cases like this are usually limited to long-term marriages or those that lasted for ten years or more.
This list is not exhaustive. Just as there are different cases, there is no one form of alimony that will fit every couple’s needs. Therefore, you may receive or provide varying levels of spousal support depending on your circumstances. Your case may have more variables to consider that impact your support settlement, such as your health, domestic abuse, and more. Furthermore, you might be required to provide evidence of each condition, which is a matter suited for the assistance of a family law attorney.
Contact a Divorce Attorney
Spousal support is not a simple matter: it is best to let a competent divorce attorney handle and guide you through your case. The team at Miranda, Magden & Miranda, LLP is experienced in divorce complications like spousal support, as we have successfully represented clients in many spousal support cases in the past. Please contact us today, and we will look forward to speaking with you during a case evaluation.
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