Spousal or partner support issues can be tricky, especially because tax considerations. A Westlake Village divorce lawyer can advise you of whether you or your spouse will likely be awarded or required to pay support and can help you work out an agreement and understand the tax consequences.
When spouses divorce or legally separate or when domestic partners dissolve their partnership, the court may order one party to pay monthly support to the other or the parties may agree that one will pay support to the other. The purpose of support is to help the lower income spouse or partner to maintain his or her standard of living and to become self-supporting within a reasonable time, if possible.
In ordering California spousal support or partner support, the court is required to consider:
In addition to these, the court may consider any other factors the judge determines are just and equitable. A Westlake Village divorce lawyer can advise you on what these other factors might be.
In considering whether what each party can earn is enough to maintain their standard of living, the court takes all of the following into account:
A Westlake Village divorce lawyer will tell you that the duration of spousal support is linked to the length of the marriage or partnership. A goal of spousal support is to help the supported party be self-supporting within a reasonable period of time. Except in the case of a “marriage of long duration,” a “reasonable period of time” is usually one-half the length of the marriage, which is often how long a court will order spousal support for. However, the court has discretion to order one spouse or partner to pay the other support for a greater or lesser length of time, based on any of the other factors the court is required to consider and the circumstances of the parties.
If the marriage is “of long duration,” typically one lasting 10 years or more, the court may or may not fix a specific end date and the support obligation may continue until the death of one party or the remarriage of the supported spouse.
If you have questions or about spousal support or domestic partner support and would like to schedule a preliminary conference with me, please complete the case submission form at the top of this page, and I will respond promptly. Or you may contact me.
Gary Mitchell, Attorney at Law
Westlake Village Divorce Lawyer
4195 East Thousand Oaks Blvd Suite 240
Westlake Village, California 91362