Divorce is life changing. There’s loss of family, heartache and separation of equity and marital assets. What you’ve been building and creating over your adult life in a moment can get torn to shreds. And when it comes to trying to reassemble your life, you may be faced with paying years—perhaps decades—of spousal support.
How much and for how long? This is the main question we get asked when it comes to spousal support. Also known as “alimony” and “maintenance,” spousal support is a financial obligation many would rather not face. But in California, it is mandated law. It is the obligation for one spouse to provide the other spouse with financial support upon marital separation.
While you can’t hide from paying alimony––and shouldn’t have to beg to receive what may rightfully be yours––you can “know the score” by gathering and utilizing the available resources and information. Informed decisions will afford you a fighting chance at making sure that spousal support levels are fairly determined. Determining spousal support is complicated when all of the factors involved are taken into account.
After legal separation, one spouse may seek financial support from another through a court petition that they or their legal council submits. This is called “interim” or “pendente lite” support and continues through the course of the divorce litigation process.
Once the marriage has been dissolved, either party may ask for what is termed “post-marital alimony.” The amount and terms of the support will be determined in court and varies depending on individual circumstances. Note that after the divorce decree is issued, the pre-divorce interim spousal support agreement is not necessarily continued. While continuance of the same agreement can be requested, sometimes the arguments for or against support amount may be different. While the courts are not in favor of changing existing support orders unless extenuating circumstances can be proved and are compelling, it can happen with adequate documentation and argument.
California state law dictates that permanent spousal support is determined by carefully reviewing numerous factors. The court has tremendous discretion in setting alimony. If you are unable to settle or resolve this issue, then your attorney needs to develop detailed evidence about several factors, including:
• The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.
• The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
• The needs of each party based on the standard of living established during the marriage.
• The obligations and assets, including the separate property, of each party.
• The duration of the marriage.
• And many, many more factors…
Once spousal support has been established by the court it’s vital that the party responsible for payment do so on the required schedule. California state law has established requirements for payment, recovery and penalties for the payment and collection of spousal support. Allowing the payments to go into arrears will find the responsible party in “contempt of court” and may be fined and sent to jail.
Spousal support is often the largest financial obligation you will incur as part of a divorce. If you end up paying $1,500 per month over a 20 year period, that amounts to $360,000 in spousal support payments. Even reducing that amount by $500 per month saves you $120,000 over 20 years. If you are not proactive, spousal support can last decades and cost you hundreds of thousands of dollars.
Don’t be a victim. Call now to schedule your spousal support consultation (877) 615-6620.
