San Bernardino Spousal Support Lawyers

Spousal support is not mandatory in the event of divorce. If and when spousal support is sought, the court is required to consider 14 statutory factors when making their decision regarding a spousal support order. As long as the factors are considered and appropriately weighed as applicable in any given case, the ultimate decision (amount and duration) is left to the court. No speculation can be given in a spousal support order. The court is required to draft a spousal support order that reflects current facts and circumstances, based on evidence and conclusions drawn at the time of the hearing.

The following is the 14 item list that all courts must follow, weight and consider when determining a spousal support order:

1. Ability to maintain marital standard of living: Whether each spouse has an earning capacity that is sufficient in maintaining their standard of living during the marriage.
2. Contributions to the other spouse’s education, training, etc.: If the spouse who is seeking alimony contributed to the other spouse’s achievement of an education, training, career position or license, then that spouse may have the right to reimbursement if said training or education substantially enhanced their spouse’s earning capacity.
3. Spouse’s ability to pay: Taken into account are the spouse’s earning capacity, earned and unearned income, assets and standard of living.
4. ”Needs“ based on marital standard of living: ”Need“ includes more than ”bare necessities of life“.
5. Each spouse’s assets and debts: Each spouse’s respective assets, obligations and separate property.
6. Duration of marriage: The length of the marriage can determine whether spousal support should be granted in the first place. If there is a need for the support, then the duration of the marriage is then used to determine the amount and duration of spousal support.
7. Employability of custodial spouse vs. impact on children: The ability of the spouse who is seeking support to become gainfully employed without interfering with the interests of the dependent children that are in his/her custody.
8. Age and health of both spouses: Age and health may warrant either an extension or withholding of support, and are particularly relevant factors when determining duration.
9. History of domestic violence: Emotional distress resulting from domestic violence will be taken into consideration. Documented evidence must be presented at the time of the hearing to be considered.
10. Tax consequences: Who will have to pay for taxes, who will get the deduction and what effects these will have on net income.
11. Relative hardships: ”The balance of hardships to each party“. No spouse should endure more or less ”hardship“ than the other.
12. Goal of self-support: That the spouse seeking support will be self-supporting within a ”reasonable period of time“. A ”reasonable period of time“ is usually determined as half the length of the marriage duration.
13. Spousal abuse conviction: This is a mandatory factor when considering spousal support reduction or termination.
14. Other ”just and equitable“ factors: Any other factors that the court deems ”just and equitable“.

Modifications and Termination:

Changes in the need of the supported spouse or supporting spouse may constitute a reduction or full termination of the spousal support order. These changes or termination can be brought on the basis of ”changed circumstances“.

Termination of spousal support can occur for the following reasons:

1. Fixed-Term Orders: Spousal support orders for a fixed duration of time terminate (expire) at the end of the period stated in the order, unless the order has been extended.
2. Contingent Orders: Having to pay spousal support for a contingent period of time terminates on the occurrence of a specified contingency.
3. Remarriage/Death: Unless there is an agreement in writing between the two spouses, spousal support terminates upon either spouse’s death or if the supported spouse remarries.

Spousal support and alimony agreements can be complicated and difficult. Whether you are seeking spousal support or your spouse is seeking it from you, please call California alimony lawyer Eliana Phelps to see how she can help you.