In order to receive spousal support, you must be getting a divorce or living separate and apart. If there is no divorce or separation, you cannot be ordered to pay, nor can you receive, spousal support.
For couples facing divorce, the amount of spousal support you will receive or will need to provide is a top concern. In California, spousal support is calculated based on specific factors, including:
- Respective incomes of each party
- Relative health
- Duration of the marriage
- Relative education levels
- Standard of living of both parties
- Retirement benefits
- Tax consequences of an award
When dealing with spousal support, it is important to know why support is offered, how long it will be paid, and exactly how much you will receive or pay out:
- Temporary spousal support is often decided at an Order to Show Cause Hearing that is scheduled when one spouse makes far less than the other
- The purpose of the support is to provide the spouse with less income enough money for their basic needs and to ensure that their lifestyle will remain consistent after the divorce
- Spousal support is supposed to be linked to a transition period from married life to single life.
- The duration normally depends on the length of the marriage.
- In California, the Superior Courts of Orange County in order to determine the amount received and paid out have adopted a spousal support guideline called the ‘Santa Clara Guideline’ formula for use in temporary spousal support.
- Deciding permanent support is a much more detailed process with many factors to be considered.
When facing legal matters, such as divorce, it is always in your best interest to contact an experienced and knowledgeable attorney that will be able to help you through any questions you may have regarding your specific situation.
Contact the Orange County family law offices of Amy M. Montes. We will advise you on your support options and help negotiate a fair resolution for you and your family.