What Factors Are Used in a Spousal Support Cases?
It can happen to the greatest of couples and is never an easy matter to deal with, but separation and divorce are a reality that many spouses and domestic partnerships face. Tied into the emotional strain is the financial responsibility of the partners to each other, which brings about the determination by the courts of spousal or partner support.
In the state of California, the amount of financial support each party is to provide is decided in a court case by a judge, who will take into consideration section 4320 of the California Family Code when making a ruling. Regardless of the cause of the breakdown, a court case must be heard for spousal support to be awarded.
Determining Spousal Support
Spousal support is a rather complex figure to determine, with factors used in making the judge’s decision including:
- The amount of time the couple were in the marriage or partnership
- Each person’s needs from the standard of living that was had throughout the relationship
- The earning capacity of both people to maintain the standard of living that was had during the relationship
- Where children are involved, whether having a job would make it difficult to effectively take care of the children
- Each person’s age and relative health levels
- Any debts and properties accumulated during the relationship
- If one partner supported the other in completing any training, education, or professional licenses
- The presence of domestic violence in the relationship
- The impact of the spousal support on either party’s taxes
These are only some of the factors that contribute to a judge’s ruling in a spousal support case, as well as the length of time that the order is in effect. Judges may set an end date for spousal support during the ruling, however in the case of a long-term relationship this could be left open until a mutual agreement is made, or the partner receiving the support remarries or enters into a new domestic partnership.
Spousal support is a rather complex legal issue, and you should seek proper counsel prior to arranging any court proceedings. Contact our attorneys at Lavinsky Law today at (310) 274-2717 for a free consultation.