Spousal Support: The Basics
The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. Thankfully, the courts have established a system where you can still be supported by your spouse after marriage through the means of spousal support.
What is Spousal Support?
Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses. Spousal support seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.
Therefore, in its most basic definition, spousal support are payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and timeframe ordered by the court during the divorce proceedings.
What Types of Spousal Support Are There?
A party can ask for spousal or partner support to be paid while their case is still ongoing. This is called a “temporary spousal support order.” The goal with temporary spousal support is that the supported party will eventually become financially self-sufficient within a reasonable period of time.
Additionally, support can also be ordered by a judge once the divorce becomes final, which is called “permanent (or long-term) spousal support.”
How is Spousal Support Calculated?
For temporary spousal support, judges generally use a formula to calculate the amount.
On the other hand, judges consider a number of different factors to determine a final spousal support order for a permanent spousal support order. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.
How Do I Go About Getting Spousal Support?
If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for spousal support, please contact our attorneys at Lonich Patton Elrich Policastri. We offer free 30 minute consultations with our Family Law Specialists.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Michael Lonich
Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.