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Spousal Support

Spousal Support in California

Spousal support is usually a hot topic. And while it may seem simple – I need money so I can live to the standards of the marriage – it isn't simple and standards usually exceed the income available. Support can be an issue in both dissolutions and legal separations. In very general terms: spousal support is paid by a higher earning spouse to a spouse who earns significantly less.

Types of Spousal Support

There are two types of spousal support - pendente lite (temporary), which is usually asked for at the beginning of the proceedings, and long term support. The court may use a computer program (Dissomaster or X-Spouse) to calculate temporary support. If the parties do not agree on the amount of long term support, a "trial" is needed to determine the amount and duration of long term support.

Determining Your Support Plan

The court will base the amount and duration of support on certain criteria. One of the primary factors that will affect a spousal support ruling is each spouse's income or "earning ability". If one spouse has deliberately quit a job or refuses to become employed, the court will examine their income to determine if they are capable of making more money than they are currently earning. That is called "imputed income".

The duration of support is based on several factors. Not every supported spouse will receive spousal support forever. In general, a "long term marriage" will not have a date for support to automatically end. A "long term marriage" is generally one that is over 10 years. However, that does not mean that someone married 10 years will receive support forever. The court requires that the "supported spouse become self supporting in a reasonable amount of time." Generally, someone married less than 10 years will receive support for one-half the duration of the marriage.

Ready to pursue a spousal support plan that fits your specific needs? Get in touch with my firm today! As a divorce attorney, I have represented clients in Rancho Cucamonga for 15 years. I know what you will be facing in a divorce case and I can help you develop a strong case for a plan that will fit your unique needs. Call today to request a free initial consultation!

The Law Office of Stephanie J. Squires & Associates, APLC 909-907-8783

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