In a California divorce, the court may order one spouse to pay the other a certain amount of money each month in order to support them as they adjust to life after a divorce. If you’re getting divorced, you probably have countless questions about spousal support and how it will affect your future. Our Pasadena family law attorneys at Law Offices of Christopher L. Hoglin, P.C. are here to explain the most important information you should know about spousal support in California.
How to Request Spousal Support
If you’re getting divorced and need assistance while you transition from married life to be separated, you can ask the judge to make a spousal support order. Spousal support, also known as alimony, can be ordered for a divorce, legal separation, or annulment.
During the divorce process, you can request spousal support. This is called a “temporary spousal support order.” However, in many cases, the support can continue once the divorce is final.
How Is Spousal Support Calculated?
California courts utilize a formula to determine the amount of temporary spousal support that the spouse requesting it will need. For permanent spousal support, however, the court will analyze the specific details of the case to determine the final spousal support amount.
California courts consider the following to calculate spousal support:
- The length of the marriage
- Each spouse’s needs as well as their standard of living during the marriage
- The age and health of each spouse
- Debts and assets of the spouses
- Whether one of the partners assisted the other with obtaining an education or professional training
- Whether there was domestic violence in the marriage
- What the tax impact of spousal support will be
The Importance of Earning Capacity & Standard of Living
A judge will closely examine how much income each spouse can earn based on their current education, professional training, and skill set to keep the same standard of living they had during the marriage. Based on this, the judge will analyze how marketable the spouse is and what job opportunities are available for them. The judge will also determine the time and expense it will take for the spouse to get a job.
Length in Marriage
The length that a person has to pay for spousal support is heavily based on the length of the marriage. In most cases, the time period ordered to pay spousal support will be one-half length of the marriage. However, if the marriage was longer than 10- years, the court might not set an end date to the spousal support.
How to Create a Spousal Support Agreement
It is possible for spouses to work together to create a spousal support agreement. In order to create a spousal support agreement, the couple must create and sign a written agreement or stipulation without having to go in front of a judge. This is beneficial for spouses who don’t want a judge to decide for them and want to work on the agreement together. However, the court will have to accept and sign your agreement for it to be official.
To create a spousal support agreement, follow these steps:
- Decide on the amount and duration of the spousal support
- Write up your agreement You can attach your agreement to the FL-343 form.
- Sign your agreement
- Turn in your agreement to the court for the judge to sign
- File your agreement/stipulation after the judge signs it
Call Our Pasadena Family Law Attorneys!
While going through a divorce and the determination of spousal support, it’s crucial to have an experienced spousal support attorney on your side. Our skilled legal team at Law Offices of Christopher L. Hoglin, P.C. are ready to handle your case and help you from beginning to end. Our full-service approach lets us provide you with expert advice while developing a strategy that will help you obtain your desired outcome.
Call our Pasadena spousal support attorneys at (626) 653-4075 to schedule a consultation.