Factors that Determine Spousal Support in California Written By Sandra McCarthy Founder, A People’s Choice In a divorce or legal separation proceeding, a judge may order one spouse to pay the other alimony or spousal support as part of a judgment. With this in mind, what are the factors that determine spousal support? What our Clients Say... “The service provided by A People’s Choice was very professional and comprehensive. We have used A People’s Choice on a previous occasion and were completely satisfied. We would highly recommend A People’s Choice to anyone!“ R. Betancourt “A People’s Choice is a business that delivers what they promise. I was treated like a VIP by their staff. As for their services, they promptly delivered all of the official documents and fillings on my behalf and their price is more than reasonable. In short, this is a business that I will always recommend and continue to use. Thank you!” Juan B. “I had contacted a lawyer and he wanted to charge me $1800.00. 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Rice “I recently required the help of A People’s Choice, Inc. and found them to be entirely professional. Everything was done in short order yet all was explained to my satisfaction. They were friendly and courteous. I am happy and impressed.” C. Zyobel “Great service. Highly professional and efficient creating legal documents. I am completely satisfied and highly recommend them to others. I am so glad I found you on the internet. People who are looking for professional legal services look no further, try A People’s Choice.” Radtech N. “Want to personally thank the staff at A People’s Choice for making my divorce process so simple and painless. From my 1st contact in the office, they were was warm and friendly and took the time to explain each step in a very simple and quick manner. Filing for a divorce can be a difficult and painful process and the staff was extremely professional and clear in all guidance and explanations. I highly recommend A People’s Choice.” C. 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Their service was fast and reliable. in the future, should I need their services again, I will not hesitate to call them. All e-mails were answered with either a phone call or e-mail sometimes even late at night“ Tar “Divorce is usually never pleasant but A People’s Choice made it much easier than it would have been if we tried to do the divorce paperwork on our own. They were very quick to respond to us and always took the time to answer all of our questions thoroughly, in addition to quickly. I would highly recommend them for handling divorce paperwork.” Susan Z. “When I first saw all of the documents required to file I was overwhelmed. Already dealing with the stress of everything else, I did not want to deal with the courts, a mountain load of paperwork and trips to file as well. I’m VERY happy that I went with A People’s Choice. They were very helpful, despite all of my questions. I definitely recommend.” M. McCleod “I thought I could save money and file my own divorce paperwork. 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Any of my questions were responded to immediately. They did everything they could to help me. I highly recommend their services.” Leigh A. “I would just like to comment on what a great job A People’s Choice did with my divorce. I could not be happier. They let me know how they keep the cost down by communicating through email. I also appreciated how when I had a question they got back with me in the day or in the evening. APeoples Choice is a good deal for the consumer.” R. Leyva “A People’s Choice prepares legal documents so you can represent yourself and still look like you know what you’re doing. I utilized their services recently and found them to be professional as well as extremely helpful. I couldn’t be happier.” Evan J. “A People’s Choice is awesome! They made the legal documentation process painless. I highly recommend A People’s Choice. The name says it all.” Eric J. “Overwhelmed with my divorce, custody and child support paperwork, A Peoples Choice made everything so much easier and really put my mind at ease. I couldn’t be happier with their assistance and it really made all the process speed up for me. Thank you so much for all your help.” Samantha R. Get help with a Spousal Support Order! "*" indicates required fields Name* First Last Email:* Enter Email Confirm Email Telephone:*Type of Case* Family Law Probate Estate Planning Guardianship Conservatorship Name Change Adoption Real Property Matters Expungement Business Other How Can We Help?* Need pricing Would like information I am ready to hire We are here to help. After submission, please check your email inbox for information about your selected services. If yo don't find it in your normal in-box, be sure to check your spam folder.We are glad to hear you are ready to get started!. On the next screen you will be provided a special discount code that will only be good for the next 30 minutes! Call now for your savings offer!HiddenCase Type PhoneThis field is for validation purposes and should be left unchanged. Δ First of all, the court will base spousal support on each spouse’s earning capacity. The court will also consider how much is required to keep up the couple’s marital standard of living. Historically, the husband was the breadwinner. In this regard, the purpose of spousal support was to make sure that the wife was taken care of. Today this may not be the case. In two-income households where both partners earn similar salaries, a judge might not order any spousal support. On the other hand, if a wife earns significantly more than her husband, she may have to pay him support. The amount and duration of spousal support depends on a number of factors outlined in California Family Code §4320. Length of Marriage The length of the marriage is one of the primary factors that determine spousal support. Spousal support is designed to give the supported spouse enough money that he/she can get back on his/her feet. One of the key factors that determine spousal support duration is the length of the marriage. Typically, the supporting spouse will have to pay support for a period equal half the length of the marriage. However, if the marriage was longer than ten years, a judge might not set an end date to the spousal support. Even if the judge orders spousal support with no end date (which is rare), the support will end if the supported spouse remarries. Spouse's Marketable Skills One of the other key factors that determine spousal support is whether the spouse receiving alimony will need further education. For example, does the spouse need more schooling or other training to develop marketable skills so they can return to the workplace? If so, court can factor in the cost of education when determining the amount of support. Contributions to Financial Success How much did the supported spouse contribute to the financial success of the supporting spouse? For example, the couple may have spent a considerable amount of community funds to enhance the education of the supporting spouse. Hinderance to Spouse's Career How much did the supported spouse contribute to the financial success of the supporting spouse? For example, the couple may have spent a considerable amount of community funds to enhance the education of the supporting spouse. Affordability How much can the paying spouse actuall afford to pay to the other spouse? In some situations, there is no way to make an order that will keep both parties in the same standard of living they enjoyed as a married couple. Children If the couple has children, is it financially feasible for the supported spouse to return to work and care for the children? A couple who has three young children that all require daycare may find it too expensive for the supported spouse to return to work until they are older. Age and Health Age and health of the couple is also considered as one of the important factors that determine spousal support in California. Are one of the parties retiring in the near future? Does either spouse have a disability that prevents them from working? Tax Consequences What are the tax consequences to each spouse? In the past, spousal support was tax deductible by the party who paid support. In contrast, spousal support was considered taxable income for the party receiving support. Effective January 2019, however, spousal support will no longer be tax deductible by the payor. Domestic Violence One of the common unknown factors that determine spousal support is whether there is evidence of domestic violence. If a supported spouse presents evidence of domestic violence, the amount the supporting spouse pays may be higher than normal. An higer order of support is to compensate for the emotional distress of domestic violence. If the spouse seeking support is the abuser, there is a presumption they will receive no support regardless of the economic circumstances. Standard of Living What was the standard of living the couple had during the marriage? How much will it cost to support a similar standard of living due to having separate households? Hardship Are there any unique hardships? The court will also try to balance hardships bwtween each spouse. Other Factors that Determine Spousal Support The court may, on its own, consider other unique circumstances or factors on a case-by-case basis. As you can see, many factors determine spousal support duration and amount. A couple seeking divorce or legal separation should keep this in mind when asking the court for spousal support. It is also essential to understand that spousal support can also be modifiable or non-modifiable. Spousal support can also be temporary or permanent, depending on the Judge’s order or the parties’ agreement. Now that you understand the factors that determine spousal support, contact A People’s Choice for more information on how to get a spousal support order. If you and your spouse agree to a spousal support amount, we can prepare the required documents to get a court order. If you and your spouse cannot agree, we can help prepare all required forms to set a motion to be heard by a Judge. The court will then hear the matter and make its order. Call us today at 800-747-2780 for immediate help. Get help with your Legal documents today! A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney! GET STARTED!Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles. By Sandra McCarthy|October 7th, 2018|Family Law|Comments Off on Factors that Determine Spousal Support in California