As discussed in a previous post on this blog, spousal support, which is also known as alimony, is regular part of many divorce proceedings in California. Many readers may have questions about how the sums are decided and how long the payments might last. Our firm may be able to help clients answer these questions.
In many cases, support is temporary, and the amount given is decided after child support calculations have been made if they are applicable. The maintenance is usually paid by the spouse who earns more, and the payouts are approximately 40 percent of his or her income. That percentage may vary by 5 percent depending on the county where the divorce is finalized because different counties throughout the state might apply different formulas when determining support payments.
Under certain circumstances, permanent support might be awarded. In those cases, a different set of factors, which are listed in the Family Code, are considered. The elements listed in the code are factors that are often associated with a person's potential earning capacity. For example, some of the factors include the individuals' ages, their education and their living standards. Additional factors include the length of the marriage and possible evidence of spousal abuse.
Dealing with divorce proceedings and questions about spousal support may be a difficult and complicated task. However, our firm could help those going through contentious divorces understand their rights and might work to protect those rights throughout the proceedings. Our experience in these cases might help us better understand a divorcing person's questions and may be beneficial if the case goes to court. If you are interested in learning more about spousal support, consider visiting our website on the subject.
Source: The Law Office of Chandra E. Miller, "Auburn Spousal Support Attorney", October 09, 2014