Spousal Support Orders During Divorce

By September 12, 2014Divorce

Different Kinds of Spousal Support Orders During Divorce

The term ‘spousal support’ is used to refer to financial assistance from one spouse to another following the formal proceedings of a divorce. Most people may be more accustomed to hearing the word ‘maintenance’ or ‘alimony’ instead of support, but all of these terms essential refer to the same thing. Spousal support orders during divorce exist within California in order to help prevent a divorced individual from suffering a serious financial impact to his or her living standard.

Many times, after a divorce one spouse has been absent from the workforce for a significant amount of time, which makes it more challenging for them to find and hold down an appropriate professional position. As such, spousal support orders are usually paid to the individual who earned the least money during the course of the marriage. Although not all divorces include some form of spousal support orders, there are many who find this option to be particularly helpful, and those who do opt for it will find that there are various different types of spousal support orders during divorce available.

Permanent Spousal Support Orders:

California does have permanent spousal support orders in some cases. Permanent spousal support is paid to the recipient on a consistent basis until a certain event occurs such as the death of the individual providing the finances, the remarriage of the person receiving the money, or even cohabitation with a member of the opposite sex. Permanent spousal support orders will exist if the marriage if the marriage is of long term duration, or the spouse in question suffers from a disability that prevents her or him from being able to work as normal, the courts will typically order lifetime support that is not negated by remarriage.  A long term marriage is anything longer than 10 year duration, once that duration is reached the court can technically order support indefinitely taking Family Code § 4320 factors into consideration when setting spousal support orders.

Temporary Spousal Support Orders:

As the title suggests, temporary spousal support will only last for a specified period of time. If the divorce between two partners causes a financial issue for the ex-husband or wife, then temporary alimony will be awarded until they are capable of being self-supporting.  In California, temporary spousal support orders will typically last for half the length of the marriage unless the length of marriage is more than 10 years.  During this time, the person receiving support will have to make sufficient efforts to become self-supporting.

Debt Payments as Spousal Support Orders:

This form of spousal support is ordered when the parties are still living together.  The court can order the one party to continue to pay the community debt in lieu of an actual spousal support order.  While the parties are living together, the supported party is still receiving the benefit support just not a direct payment.

What Does The Court Look At?

The court does have access to a guideline calculation to determine how much the spousal support order should be, however judges do use their discretion in deciding such issues. Some of the factors may be considered in regards to spousal support:

  • The contribution a spouse has made as a homemaker
  • The marital standard of living
  • The skills and experience of the supported party
  • The potential for earning of both spouses
  • If there was any domestic violence during the marraige
  • The duration of the marriage
  • The physical, emotional, and mental well-being of each spouse
  • Whether a custodial parent will earn less as a result of their duty to the child

Minella Law Group Can Help!

If you are need assistance with a spousal support order, it is important to have an experienced spousal support order attorney by your side.  Minella Law Group is experienced in dealing with spousal support orders and can give you immediate hands on representation that you need.  For more information or to schedule a no cost consultation, click the button below or call us at (619) 289-2748.  We look forward to helping you!