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.

• 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.

Know Your Rights. Talk With A Lawyer.
Get Professional Help Today.

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