Will Spousal Support be a Factor in your Divorce?
If you are entering a divorce process in which spousal support will become an important factor, there are some legal issues you should be aware of. California is a no fault divorce state and considerations for awarding or denying alimony will involve several factors.
Even emotional issues such as alimony can often be resolved by mediation
I am attorney Lenita Skoretz. For more than 10 years, my Redlands, California, law firm has been providing legal representation for people seeking common-sense solutions to their tough divorce and family law problems. I believe that nearly every divorce settlement involving spousal support can benefit from using mediation or a collaborative law process.
There are two types of spousal support, with a variety of factors used to determine whether it will be awarded: Judges must decide on a variety of factors when deciding about awarding permanent or temporary spousal support. Temporary support is generally awarded in marriages lasting less than 10 years. Economic factors include income levels, education, prospective job opportunities, number of children and the accustomed lifestyle. The right lawyer can make a significant difference.
How does the court determine the amount of spousal support?
There are two primary questions involved in a decision about spousal support: What are the incomes of both parties and how much support should be given to the spouse with the smaller income.
But what qualifies as income? That's where your lawyer's experience will play an important role. Determining the accurate amount of income that goes into the equation is complex, especially when a spouse owns a business, is self-employed or has worked for multiple employers. In addition, income from investments (often hidden) must also be entered. It may require the help of an experienced forensic accountant to reach a fair calculation.
Other factors
But income isn't the only factor. Did you help put your spouse through law school, medical school, or some other graduate degree program before they asked for a divorce? Often, a professional career counselor is required to advise the court on potential income and whether is should be factored into the alimony equation.
The court will also have to determine the amount of support needed for the lower-income or no-income partner to get on their feet. As a general rule, the court will order support for the lower-wage-earning spouse for half the length of time of the marriage. The court will expect that each party will become self-supporting in time.
Contact me to discuss any questions you may have regarding spousal support.
