Simi Valley Spousal Support Attorneys

Types of Spousal Support

Temporary Spousal Support

Courts may award temporary spousal support while your case is still in progress. This type of support is meant to ensure that both spouses have an equal standard of living during the course of the case.

Long-Term Spousal Support

Long-term spousal support is ordered after a divorce or legal separation has been finalized. It may be paid for a specific period or until either spouse's death or remarriage.

Who Gets Spousal Support? 

California law does not presume that one person is automatically entitled to spousal support. Instead, judges consider several factors when deciding whether to award support and how much should be paid. These factors include the length of the marriage, each spouse's income and earning potential, and any economic sacrifices one spouse made for the benefit of the other during the marriage.

How California Courts Determine Spousal Support Amounts

This depends on the type of support. When determining temporary support payments, courts will use a formula that accounts for spouses' ability to pay and needs. The formula subtracts 40% of the higher-earning spouse's income from 50% of the lower-earning spouse's income. The number this formula yields is generally a guideline, and courts will adjust according to either spouses' savings, assets, medical needs, childcare and education expenses, and more. 

For long-term support, courts will consider how long it might take for the spouse who receives payments to become self-supporting and how much it will take to accomplish this goal. 

Factors that may feature in these considerations include:

• The length of the marriage
• The health of both spouses
• Each spouse's income and earning potential 
• The marriage's standard of living
• Whether one spouse helped the other obtain an education