7 Things to Know About Spousal Support in California
Spousal support in California is a part of almost every divorce case. Between determining child custody, dividing property and trying to move on with your life, calculating spousal support can be another huge hurdle.
That is why we are sharing seven things to know about paying spousal support. These will help you understand a little more about the process before you hire a skilled California attorney.
-
One spouse is not automatically entitled to payments.
The requesting spouse needs to prove he or she needs the money, and the other has to have the means to provide it.
-
Spousal support is gender-neutral.
Despite what you usually see in movies and TV shows, it’s not always the man who pays his ex-wife.
An Academy of Matrimonial Lawyers survey found that 45% of lawyers had seen an increase in recent years of women responsible for supporting ex-spouses.
-
How long you have been married matters.
The general rule in our state is that spousal support will last for half the length of a marriage that is less than 10 years.
But if it is a longer marriage that’s ending, the person responsible will have to prove that paying spousal support is not necessary at some point in the future.
-
Calculating spousal support is the court’s job.
Some couples try to work out their own arrangement, but in many cases someone gets badly burned.
The court will help you modify or terminate an agreement, issue an income withholding order to the paying spouse’s employer and enforce payments. Do not DIY!
-
Spousal support is meant to be a bridge.
One person won’t generally be awarded payments for life. The arrangement is designed to help the lower-earning spouse to transition from married to single life, whether it is:
- Temporary: This allows the lower-earning spouse to cover their living expenses during the divorce process.
- Rehabilitative: The most common type of divorce agreement, it is given when one spouse earns more than the other or was the primary earner while the other partner cared for the home and/or children during the marriage.
- Permanent: A rare type of agreement, which is used if a spouse is too old or ill to enter the workforce.
- A Reimbursement: California is unique in recognizing reimbursement support. For example, if one person took care of the household and kids while the other got an advanced degree, the career may be reimbursed.
-
Your standard of living is taken into account.
If you lived modestly during your marriage, you are not going to suddenly be entitled to a mansion and a fancy new car.
Similarly, if you lived a lavish lifestyle, your spouse cannot suddenly decide that they will pay for a cramped apartment and a bus pass. It is up to the court to come up with the amount based on your honest information.
-
There are some “ifs” that can affect your divorce agreement.
If the recipient spouse gets remarried, begins living with another person for longer or reaches “full retirement age,” things can change.
Money is often the most stressful and difficult part of a divorce. Emotions run high, and things can turn nasty.
We can help you make informed decisions regarding your family, which will reduce the anxiety and financial turmoil that you may be experiencing. Contact us.