Spousal Support

How is spousal support calculated in CA?

In addition to looking at the income of each party, the court will consider a number of factors to determine spousal support. Also, the length of the marriage will be taken into consideration by the court when it is determining how long spousal support will last.
The court will look at factors such as: the standard of living during marriage, the earning capacity of each spouse, whether a degree was attained during the marriage, each spouses age and health, and if there is history of Domestic Violence are just some of the factors the court will look at.

If I or my spouse gets remarried does this affect the support I am receiving?

Remarriage of the supported spouse will definitely affect spousal support. Spousal support terminates upon the remarriage of the supported spouse.

How long does support last?

In any divorce or legal separation the court has the power to award spousal support for any period of time that the court determines is reasonable and just. The court will take into consideration a number of factors in making its determination, which will include the standard of living during the marriage. In California when a marriage lasts ten years or longer, it falls into the category of a long term marriage. When a marriage is long term, the court retains jurisdiction indefinitely for divorce or legal separation unless there is an agreement between the parties or a court order terminating the support.
Spousal support could be made so that the support spouse would receive support up until the happening of an event. Upon the happening of the event, support would terminate. This is an example of support based on a contingency.
Spousal support could be ordered for a specific period of time and at the end of the period spousal support would end, unless of course the court retained jurisdiction.

Will spousal support affect my taxes?

In general, the supported spouse must report spousal support as taxable income and the paying spouse will deduct spousal support payments from their taxes.
I recommend that parties paying or receiving spousal support discuss their circumstances with a tax attorney or their tax prepared.

Why do I need an attorney for spousal support?

Having an advocate during your divorce or legal separation proceedings will benefit you because you want someone that will make sure that appropriate spousal support factors are considered by the court or during settlement discussions in determining your spousal support. Having an attorney to guide you through the proceedings is something that I would highly recommend.

Why choose your firm for assistance?

I understand that going through divorce or legal separation can be an emotional rollercoaster. I am committed to making sure the best interests of my clients are served. I understand the California laws governing spousal support and make sure that all relevant factors are considered in determining spousal support.

Contact the Lindsey Law Office today for assistance with your spousal support Case at (909) 801-7388