Helping You Get Spousal Support During Your Divorce
Is spousal support going to be an issue in your divorce? How much spousal support are you entitled to? How long will you continue to receive spousal support? Seek the help of a skilled Northern California lawyer.
At the Law Office of Chandra E. Miller in Auburn, I have extensive divorce and family law experience. I will help you understand how issues of spousal support are determined in this state, empowering you to make educated choices about the final outcome of your divorce proceeding.
How Alimony Is Determined In California
In California, spousal support, also referred to as alimony, is calculated differently depending on whether it is temporary (while your divorce process is pending) or permanent (determined at either settlement or trial).
- Temporary spousal support: Generally speaking, spousal support on a temporary basis is 40% of the higher earner’s net income minus 50% of the lower earner’s income. The 40% can vary by 5% depending on the specific formula that particular county has adopted. This temporary spousal support formula is calculated after child support, in situations where both child and spousal support is at issue.
- Permanent spousal support: When determining permanent spousal support, guideline support calculations are not used. Instead, a court must consider the factors listed in Family Code Section 4320. These factors include the age, earning capacity and education of the parties, as well as the length of the marriage, tax consequences, history of domestic violence, the balance of hardships to each party and the marital standard of living.
The Most Important Aspects Of Spousal Support
The question of how long spousal support payments will continue is just as important as the question of the amount of support. In some cases, there may be temporary support orders that last only until the divorce is resolved. In others, support may continue for a significant amount of time. Support can end if the spouse receiving it is remarried, or it can end due to other factors.
Do Not Face This Fight Alone ~ Seek Skilled Legal Assistance
As a skilled divorce attorney, I will guide you through this often difficult process. I am committed to obtaining the best possible outcome for you and your future, whether through litigation or an alternative dispute resolution process.