K. J. Petsas Family Law Blog on Lawyers.com

Understanding California Spousal Support

Friday, August 5, 2011 by K. J. Petsas

When a couple divorces in California, state law mandates that community property be divided 50-50. When it comes to spousal support, however, the court has far more discretion in determining if any support will be awarded, how much will be awarded, and the time frame over which it will be paid.

Some factors the court considers

The factors the court will consider in determining spousal support, are set in the California Family Code, and include:

Standard of living during the marriage and the extent to which each can earn enough to sustain that standard
Needs of each spouse
Impact on the earning capacity of a spouse due to suspending his or her career to care for children and domestic responsibilities
Contributions of one spouse to the education, training, and career of the other
Ability of the supporting spouse to pay support
Assets and liabilities of each spouse
Length of the marriage
Impact that employment will have on the children if the supported spouse has custody
The age and health of the parties
Any immediate tax consequences

The judge will also consider any other factors deemed just and equitable, and any documented instances of domestic violence or other crimes.

In California, if the marriage lasted less than 10 years, the judge will set the duration of support for no more than half the length of the marriage. For longer marriages, spousal support can last a lifetime. Your attorney can file to change the terms of support if circumstances change, such as if the supported spouse marries or begins to live with someone.

The question of spousal support can ignite furious fights. The greatest mistake people make is to surrender their rights and entitlements because they just want it to end. Retain an attorney ready to fight for you because it is your future standard of living that is at stake.

Contact us

The San Mateo divorce attorneys of Petsas & Stephens, LLP offer the experience and attentive counsel you need when dealing with a high asset divorce—and other difficult family law issues in San Francisco, San Mateo, and throughout the San Francisco Bay area. Our offices are located at 1475 Huntington Avenue, Suite 205, South San Francisco, CA 94080, 650-624-8155.

Posted at 10:45 AM

Topic: Family Law