Saturday, June 6, 2015

The Facts About Spousal Support

Spousal support is the financial payments made from one spouse to the other after a divorce. The purpose of spousal support is to allow the former spouse the ability to maintain the same standard of living while the marriage was intact after the divorce. 

Alimony means the same as spousal support. Spousal support laws prevent a divorced spouse from undergoing a decrease in their standard of living. When discussing post-divorce support, both terms, alimony and spousal support, can be interchangeable.

Many times after the divorce, because one spouse has been away from the workforce for a significant amount of time or is untrained, it is difficult to quickly find a job that will allow that person to keep their same standard of living. In California, spousal support bridges the gap between the length of time it will take for that spouse to find employment or resources that will pay for their living costs. 

All divorces do not require that alimony be part of a separation or divorce. The divorces that characteristically require spousal support are those that are typically litigated. Spousal support will most likely be the biggest financial obligation you will suffer as part of a divorce. Paying spousal support can costs hundreds of thousands of dollars and last decades. If you want to pay less, you have to negotiate to reduce the amount requested by the spouse. 

California is a no-fault jurisdiction state. That means that the court will not consider whether or not the spouse had an affair when it determines the amount of spousal support. If, however, the spouse is living with another person, the court might presume that the need for support is decreased. 

In the state of California, marriages lasting 10 years or more are considered long-duration marriages, and the court cannot set a termination date for alimony at the time of the trial. If you reach retirement age and cannot work, you will not be required to continue paying spousal support. Additionally, if you are due for a raise, the court is not allowed to increase your support based on earnings received post separation. If you own your own business and earnings have been low since the divorce, you can probably get your obligations lowered. 

Your requirement to pay spousal support terminates upon the remarriage of the spouse being supported. For additional information on spousal support in San Diego, please visit this website.

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