Seeking Spousal Support In Divorce Cases

When 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.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.