SPOUSAL SUPPORT

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CALIFORNIA SPOUSAL SUPPORT

Alimony and temporary spousal support are areas of the law that can be very subjective and are often difficult to interpret legal rights. There are several options available for clients seeking spousal support.

* Temporary spousal support or temporary alimony

Temporary support may be ordered in any amount based upon the party’s need and the payor’s ability to pay, and findings of the trial court on need and ability to pay. The main purpose of temporary support is to enable the recipient to live in his or her accustomed manner pending disposition of the action. Courts recognize that incomes that provide a certain standard of living while the parties are living together are usually insufficient to provide the same standard of living when the parties are maintaining separate households. The best the Courts can do is to equally allocate the family income, considering expenses and individual incomes.

* Permanent alimony

The Courts have wide discretion is setting the amount and duration of long-term spousal support. The Court will base its decision on the standard of living established during the marriage. In addition, the Court will consider “4320 factors.” The “4320 factors” consists of 14 circumstances that may apply to respective parties. These factors include: (1) party’s earning capacity, (2) contribution to supporting party’s attainment of education, training, career position or a license, (3) supporting party’s ability to pay, (4) party’s needs, (5) party’s assets, (6) duration of marriage, (7) supported party’s ability to be gainfully employed, (8) party’s age and health, (9) documented evidence of any history of domestic violence, (10) tax consequences, (11) balance of the hardships to each party, (12) goal that the supported party be self-supporting, (13) criminal conviction of an abusive spouse, and (14) any other factors the Court deems just and equitable.