Misconceptions About California Spousal Support

Posted by: Gerald A. Maggio, Esq.

Divorce attorneys in Orange County; The Maggio Law FirmMany couples facing divorce in California have certain false notions ingrained in their minds related to spousal support (alimony) payments under the laws of California. Check out some of the most common misconceptions about spousal support payments below.

# 1: Receiving alimony payments is a compulsory right

You need to realize that it may not be mandatory for your former spouse to pay you alimony while your marriage gets dissolved or during proceedings of legal separation. In fact, the reverse may be true. The final discretion lies with the courts on whether to direct for spousal support or deny it altogether. There should be a cautious consideration and evaluation of the legal factors to assess whether the earning capability of both the involved parties are sufficient to continue with the same standard of living as they had while their marriage was intact. It should be done before a court denies or orders spousal support. Some of the factors that are considered by the court for making a decision are as follows:

  1. How much contribution was made by the supported party for attaining an education, a career position, a license by the said supporting party or training.
  2. The degree to which the future or present earning capacity of the supported party is impaired due to the unemployment periods, which were incurred while the marriage was on so that the supported party could spend time to discharge domestic responsibilities.
  3. The supported party’s marketable skills and the job potential for those skills.

Other factors that the court must consider are as stated in California Family Code section 4320.

#2: A computer program can determine the “permanent” (long-term) spousal support amount to be made

You should know that a computer support program used to determine temporary spousal support and child support such as DissoMaster or Xspouse cannot determine how much alimony payment you should receive long-term, i.e. beyond your divorce.  After all, Family Code section 4320 must be considered by the court to ascertain the amount of spousal support. The misconception originates from the knowledge that computer programs, which enable a judge to calculate child support and temporary spousal support has a function for determining, long-term spousal support too.

#3: Spousal supported is assured for life after ten years

Just because you are married for 10 years or more does not guarantee that the other party has to pay you spousal support indefinitely or for life.  The spouse receiving support has to make efforts to become self-supporting.  A marriage of more than 10 years in California simply means that the court has continuing jurisdiction over the issue of spousal support but the circumstances of each case during the marriage and afterwards play a big role in determining how long spousal support payments may be.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

More Women Are Paying Alimony Today

Posted by: Gerald A. Maggio, Esq.

orange county spousal support; The Maggio Law FirmThings have changed drastically in the workplace with an increasing number of women being seen in high-level positions in the corporate sector today. In fact, according to statistics, women are found to be the top earning members in about one-third of the marriages.

As a massive number of marriages are found to end in a divorce today, this change has led to another key transformation. There is an emerging, growing and new trend of many women paying for their child support or alimony to their former husbands. The meaning of equal rights is that an ex-husband may demand alimony if his wife is the family’s major breadwinner.

About 56 percent of the divorce attorneys in the US have witnessed a surge in the number of moms paying for child support, especially in the past 3 years. 47 percent of the divorce lawyers observed an increase in the number of females paying alimony to their former spouses. The American Academy of Matrimonial Lawyers came up with these interesting statistics,

If one spouse earns significantly more than the other spouse, alimony serves the purpose of equalizing both the spouses’ lifestyle when their marriage gets dissolved. The original aim of alimony was to safeguard the interests of that spouse who was not the main bread winner of the family, typically the wife.  Today, alimony is much more gender-neutral and it’s the disparity of income between the spouses that determines spousal support.

What is the significance of this for those women with rising careers?

Though planning for a divorce goes against the principle of a happy marriage, you need to understand the effect of your salary increase. It is applicable for different kinds of situations ranging from taxes to retirement. Hence proper financial planning should start while taking into account co-mingling assets.

When is a prenuptial agreement a handy tool?

In a marriage where both the parties and one of them have acquired a great desk of assets, it is a good idea to have a prenuptial agreement so that there is no unpleasantness between the couple in the future. When a couple consults a reputable divorce attorney and a financial advisor prior to exchanging their vows, it helps in understanding what should be included in their prenuptial agreement.

When you create a financial inventory and a balance sheet up front, there could be constructive discussions between both the parties so that both the parties are aware what liabilities and assets are there in the beginning. Such acknowledge may come handy for both the parties that can be used for setting their future shared financial goals.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Seeking Spousal Support In Divorce Cases

Posted by: Gerald A. Maggio, Esq.

orange county spousal support; The Maggio Law FirmWhen there is a legal separation or divorce of any couple, it may be ordered by the court to one domestic partner or spouse to pay other a specific quantity of money every month. This money is termed as “spousal support” and “partner support” for the married couples and domestic partnerships respectively. It is occasionally referred to as “alimony”.

Do understand that partner and spousal support issues can be extremely difficult.  The firm will assist you to comprehend partner or spousal support and the duration this support will last and the way it will affect the taxes. You will also be helped to calculate partner or spousal support. It will also prepare the necessary court forms.

A court case is needed to establish partner or spousal support. The judge can be requested by the domestic partner or spouse to make a partner or spousal support as a component of one of these kinds of cases like annulment, divorce or a legal separation. It also includes a restraining order involving domestic violence.  It is possible to request a partner or spousal support while the case continues. This is termed a “temporary spousal support order.” The support can also be ordered once there is a finalization of legal separation, as part of the final separation judgment or final divorce. When this is done, it is termed “permanent partner or spousal support.”

Calculating support 

For such temporary partner or spousal support, the judges in local courts usually employ a formula to calculate an amount. The courts in the different counties could use a few other factors to calculate temporary support. A formula will not be used by the judge to calculate how much partner or spousal support is needed to complete the case.

To determine long-term support in a divorce judgment, the judge should consider factors included in the California Family Code section 4320. The list of such factors include the length of domestic partnership or marriage and what each person making up the marriage requires based on the existing living standards during the marriage. The judge will also take into account what each partner can pay or pats to maintain the living standards he or she had during the partnership or marriage.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

 
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