Will Spousal Support be a Factor in Your Divorce?
California couples facing divorce often question whether spousal support (also referred to as alimony) will be a factor in their case. The 16 divorce attorneys at Minyard Morris are prepared to analyze your situation and advise you regarding the likelihood of one side or the other receiving an award for spousal support, whether temporarily or permanently.
A family law court may order one party to pay spousal support to the other based upon an analysis of one party’s ability to pay and the other party’s needs. Spousal support payable before the court enters a final divorce judgment is characterized as temporary support. The court may make an award for permanent spousal support in the judgment.
Considerations in Spousal Support Determination
When considering spousal support, the family law judge will likely require a clear need by one spouse and a clear ability to pay by the other spouse. The determination of the amount and duration of the spousal support order are based on many factors. These factors include:
- Income from employment and investments
- Marital standard of living
- Age and health of both spouses
- Terms of any prenuptial agreement
- Career, education, skills and potential income of both spouses
- Length of the marriage; marriages under 10 years are assessed differently relative to duration than longer marriages
- Whether there is a history of domestic violence during the marriage
- Other factors set out in Family Code §4320
Family law courts have wide discretion when it comes to determining the amount of spousal support. The objective of temporary spousal support is to maintain the financial status quo of the parties to the extent possible, whereas permanent support is based on the factors listed above. Permanent support may be modified in the future if there is a change in circumstances.
At Minyard Morris, we use our decades of experience to quickly and efficiently gather the facts necessary to see the big picture of your case and the relevant facts. We use those facts to develop a strategic approach to defending your financial best interest.
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Call 949-724-1111 to speak with a member of the Minyard Morris team. You can also reach us via email. This website also provides information regarding how to prepare for our initial meeting and how to manage and minimize attorney fees.