Spousal support is the term for alimony in California Family Courts. Spousal support is money that one spouse pays to the other to help support them. One of your questions may be “how do I get alimony or spousal support?” Many factors are considered when determining the amount of spousal support based upon California divorce laws. California Family Courts look at the following factors, including but not limited to: length of the marriage, standard of living during the marriage, age and health of each spouse, earning capacity and job histories of both individuals, and any other relevant factors. All of the factors for spousal support that California Family Law Courts look at can be found in the California Family Code Section 4320.
Temporary spousal support is money that one spouse pays to the other to help support them so they can support themselves at the standard of living they had during the marriage while waiting for the divorce to be final. It is based on a county formula and takes into consideration many of the factors listed above. The process for determining temporary spousal support is different from long-term spousal support. Family Law Center attorneys can assist you in obtaining temporary spousal support while you are going through the divorce process.
Once the divorce is final, the temporary spousal support will be replaced with long-term spousal support or alimony. How much spousal support or alimony you will have to pay in California and how long you will have to pay spousal support or alimony is based upon many factors, including those listed in California Family Code Section 4320, spousal support law. The spousal support or alimony amount can also be a mutually agreed upon sum as long as the California Family Court agrees that the spousal support or alimony amount is fair and equitable. If the parties cannot agree on a fair and equitable amount for spousal support or alimony, the Family Law Court will order a formula-based amount using the factors listed in California Family Code 4320, spousal support law. Determining spousal support according to California divorce laws has the potential to turn into a costly struggle in the courts.
The amount and duration of spousal support or alimony can be a complex matter. The attorneys at Family Law Center work diligently to guide you through this difficult process and help resolve the issue of spousal support.
commencing Jan. 1, 2019, spousal support payments are not deductible from the income of the payer spouse, or includable in the income of the receiving spouse, if made under a divorce or separation agreement executed after Dec. 31, 2018. If the divorce Judgment is before December 31, 2018 spousal support are reportable income and deductible to the payor unless specifically stated otherwise.