Spousal support is paid by one spouse to the other to help that person maintain the lifestyle established during the marriage. It can be a source of contentious, ongoing disputes.
Spousal support matters can be agreed upon privately or decided by the court. California courts consider numerous issues when determining whether spousal support should be paid, how much the payments should be and for how long. Factors used include:
- Ability to pay
- Financial need / earning capability
- Length of marriage
- Age, health of both parties
- Standard of living established during the marriage
- Property each spouse received in settlement
In California, a spouse can benefit in spousal support payments from staying married for more than ten years. The spouse earning less retains the right to be paid support for as long as he or she needs and for as long as the paying spouse can pay. If the couple were married for less than ten years, the support often must be paid for half that time or five years.
If you are concerned or are uncertain about financial issues in your divorce, including spousal support, it is important that you speak with an experienced family law attorney.
Contact the Orange County family law offices of Amy M. Montes. We represent both men and women dealing with spousal support issues. We will sit down with you to evaluate your financial situation and determine what your needs are. We believe that it is best to establish spousal support payments through negotiation as part of the property settlement agreements in order to protect your financial stability.
