A California Family Law Court will take into consideration several factors to determine if a party should receive spousal support (alimony).
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Temporary Spousal Support
Temporary spousal support or TSS is awarded during a divorce and continues until your divorce is finalized. Courts often rely on a computer program to determine the amount of TSS a spouse will pay.
Permanent spousal support is awarded to a spouse after their divorce has been finalized for the supported spouse to have additional income until they are able to attain the marital standard of living.
The California Family Code gives judges the authority to make temporary awards of spousal support. As the name implies, these awards are only until the couple finalizes the divorce. The purpose of a TSS is to allow a non-earning or lower-earning spouse to maintain his or her status quo until the time of the trial. Unlike permanent spousal support, TSS awards only serve as a short-term solution. The main method of calculating spousal support is using a “guideline formula.” This involves considering input like the income of both parties, tax filing status, applicable deductions, and more. This allows both parties to continue as close to the status quo as possible until they finalize the divorce proceeding.
Factors Used to Determine Spousal Support
- The earning capacity of both parties to maintain the standard of living established during the marriage;
- The marketable skills of the party to be supported and their ability to engage in gainful employment considering any care for dependent children.
- The extent of time the supported devoted to domestic duties.
- The extent to which one party contributed to the other party’s attainment of an education or training.
- The obligations and assets of both parties.
- The duration of the marriage.
- The age and health of the parties.
- Evidence of any history of domestic violence or criminal convictions.
- Any hardships affecting either party.
Whether you are seeking temporary spousal support or permanent spousal support, a licensed attorney will be better able to represent you. The issue of spousal support is an important one, as it will determine your standard of living during and after the divorce process.
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