Divorce can be difficult for anyone. In most cases, couples just want to move on with their separate lives after a divorce. But when one spouse is ordered to pay spousal support to the other, it can continue to tie a couple together financially and emotionally well past the final judgment, sometimes creating a sense of friction and animosity.
In most cases, the higher wage-earner will be ordered to pay support to the other. Although you may not be able to avoid spousal support altogether, you may have great latitude in limiting how much or how long your ex-spouse collects support through proper negotiation.
Itโs important to understand in what cases you may be required to pay spousal support in California and how you might be able to have better control over it.
Spousal Support Is Often Highly Contested
Unfortunately, spousal support is often one of the most bitterly contested aspects of a divorce proceeding and one of those matters that can easily trip up even the friendliest divorcing couple. Very few divorcing spouses are happy with having to pay an ex during or after a divorce. Yet, in some cases, it is one of those facts of life, particularly if your divorce is contested and the court is making the final decisions.
If a couple can come together to make these decisions for themselves or come to agreements through negotiations, it will allow both parties to feel as if they have more control over the situation.
Temporary Vs. Permanent Alimony
Temporary and permanent support are two different animals that may be ordered in different situations and at different times.
Temporary alimony may be ordered pending the conclusion of the divorce. A judge often calculates temporary spousal support using the Dissomaster Program, and this will end when the final settlement is reached.
Permanent spousal support is not necessarily permanent as in forever but will be added as part of the final divorce settlement. In most cases, this support will be for a finite time period. The court will determine the amount and duration considering many different variables.
Who Pays And How Is The Amount Determined?
A higher-earning spouse may be ordered to pay support to the lower-earning party in cases of spousal support. If a couple has only been together for a short duration, spousal support is rarely ordered.
In most cases, the end goal is for the lower wage earner to become self-supporting whenever possible, thus no longer needing the financial support. But this will be completely dependent on the financial and personal circumstances of the couple.
Each spousal support decision by the court is highly nuanced, and a judge must consider all factors in accordance with California Family Code Section 4320, including
- How long the couple was married
- Each spouseโs age and overall health
- Each spouseโs marketable skills and the job market available to support them
- The ability of one spouse to pay support to the other
- The possible need for further education or training to enable one partner to be self-supporting
- The possible need for one party to stay at home to raise children
- One partnerโs prior contribution to the furtherance of the otherโs education or career
- Any physical or mental limitations
- Each partyโs separate income and future earning potential
- Each partyโs expenses and financial hardships
- Whether children are living at home
- The quality of lifestyle that was enjoyed during the marriage
- Any documented history of domestic violence
Permanent spousal support is typically imposed for a limited time period, most often one-half the duration of the marriage. It can be longer in cases of long-term marriages of 10 years or more, or if the supported party has greater financial needs or will not be able to become self-supporting. In these cases, the supporting individual will have to prove there is no further need for support.
Negotiating Your Own Support Settlement Can Be Less Contentious
Every divorcing couple is different, with unique needs and financial objectives. When a couple can negotiate and make decisions outside the court, they are frequently less contentious, and spouses feel more in control of their results.
Spousal support and other terms of a divorce can often be skillfully and creatively negotiated. One spouse may agree to take on more expenses in lieu of paying support or give the other the marital home. Consequently, with the right legal guidance, a couple can negotiate their own terms and wonโt have to accept conditions imposed by the court.
Getting Critical Spousal Support Guidance
There are many potential scenarios to consider when negotiating spousal support. If you are considering or currently navigating a divorce, you will want to know your legal rights and obligations and what to expect throughout the process.
Bruce A. Mandel is an experienced Torrance, California spousal support lawyer who has dedicated his lengthy career to family law and ensuring his clients their best possible outcome. Call (424) 250-9130 to schedule a FREE private and confidential consultation or contact us through our online form.
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