Spousal Support
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Spousal Support

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Spousal Support

When married couples separate and eventually divorce, one of the issues that must be faced is Spousal Support.  Spousal Support is sometimes referred to as “alimony,” however the legal term here in California is Spousal Support.

You may be worried because you will need spousal support to be able to afford your current needs, or that you will have to pay spousal support that you can’t afford.

Courts have discretion in determining the amount of spousal support, and there are a number of factors that come into play.

There are two types of Spousal Support: Temporary and Permanent.

  Temporary Spousal Support

Temporary Spousal Support may be ordered by the judge or agreed to by the parties in a Stipulation (legally binding agreement).  Temporary Spousal Support lasts only until the divorce is final.  Temporary Spousal Support is based on a formula established by the court which takes into account each party’s income.  The courts can be rigid in applying the formula, but the court is permitted to take into account special circumstances which warrant deviation from the formula. In Ventura County, the courts have adopted the formula established by the Santa Clara Support Schedule.

  Permanent Spousal Support

Permanent Spousal Support may be imposed by the judge after the trial or agreed to by the parties as part of their Marital Settlement Agreement. While termed “permanent,” spousal support is potentially modifiable, based on a showing of materially change circumstances. The determination of the amount of spousal support is based upon a number of statutory factors.

These factors include the extent to which the earning capacity of each spouse is sufficient to maintain the standard of living during the marriage, taking into account all of the following:

• The marketable skills of the supported party, the job market for those skills, and the need for training to develop those skills;
• The extent to which the supported party’s earning capacity is diminished because he or she had periods of unemployment during the marriage while he or she took care of domestic duties, such as homemaking or childcare;
• The extent to which the supported party helped the supporting party get an education, advance in his or her career or get a license;
• The ability of the supporting party to pay spousal support;
• The needs of each party;
• The debts and assets of each party;
• The duration of the marriage;
• The ability of the supported party to engage in gainful employment;
• The age and health of the parties; and
• All documented evidence of domestic violence.

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This is a complicated area of the law.  You should consult experienced legal counsel to represent your rights in the area of spousal support.

Speak today with an attorney about your case by calling our office in Oxnard at 805-981-3908 and scheduling an appointment.

Areas of Practice:
Divorce
Legal Separation
Child Custody
Child Visitation
Parenting Plans (Custody)
Stepparent Adoption
Division of Property
Spousal Support
Child Support
Marital Settlement Agreements
Same Sex Marriage and LGBT Family Law
Prenuptial and Postnuptial Agreements
Modification of Existing Parenting Plans (Custody)
Modification of Child Support or Spousal Support Orders
Mediation of Family Law Matters

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Family Law Specialist
Oxnard, Ventura, Camarillo Divorce Attorney
Legal Separation
Child Custody
Child Visitation
Parenting Plans (Custody)
Stepparent Adoption
Division of Property
Spousal Support
Child Support
Marital Settlement Agreements

Same Sex Marriage and LGBT
Prenuptial Agreements
Postnuptial Agreements
Modification of Existing Parenting Plans (Custody)
Modification of Child Support
Modification of Spousal Support
Family Law Mediation