Support
Determining Spousal Support
Under California law, both husbands and wives in the process of divorce may be entitled to spousal support (also referred to as alimony). When there is a significant variance in the earnings and/or earning potential of one spouse, the spouse who earns less may decide to seek spousal support from the other. The result is a monthly payment that covers routine expenses and ensures the financial security of a person after a divorce or separation.
Spousal Support (SD, CA Law)
Depending on the needs of each spouse, spousal support may be temporary or permanent. There are a number of factors that determine the length of time spousal support will be provided and the amount of spousal support to be given. The length of the marriage, the income of both parties, age and circumstances, and the standard of living before the divorce are among the factors considered when negotiating the amount and duration of support.
It's crucial during this phase to have an experienced, skilled divorce attorney helping you achieve optimal results.
The State of California recognizes the mutual responsibility for support between spouses. A court order for alimony (spousal support) is designed to allow both spouses after a divorce to maintain a lifestyle comparable to what they experienced during the marriage.
If you or your spouse will be requesting temporary spousal support during divorce proceedings and/or permanent alimony after the dissolution of your marriage, it is prudent to work with a divorce attorney with the appropriate experience to protect your financial interest. This is especially important because the court has broad discretion when ordering spousal support. Some factors the court will consider when determining permanent or temporary spousal support include:
- Needs of a spouse and ability of the other spouse to pay
- The length of your marriage
- Each party's earning potential, occupation, education, health, age, willingness to prepare for a new occupation, and balancing factors related to the division of marital assets
Marvin Actions
When non-registered domestic partners decide to separate or terminate their relationship, it's recommended that they speak with an attorney about their rights to palimony, also referred to as “Marvin Actions.” Palimony works quite differently than spousal support.
As with traditional marriages, sometimes domestic partnerships involve one spouse staying home to care for the family. Or, both partners may be working, but one spouse is clearly the breadwinner. In these types of situations, a partner may be entitled to receive palimony and/or have an interest in real or personal property. Renkin & Associates can advocate your legal rights and represent your financial interests.
The team at Renkin & Associates is dedicated to serving as your advocate in divorce, mediation and spousal support matters. Call (619) 299-7100 or send us an email to schedule a free consultation.