Torrance, California Divorce Attorney
Temporary and Permanent Spousal Support
Unlike child support, so called "permanent" spousal support is not automatic or dictated by a formula. It is awarded at the discretion of the court in light of specific legal criteria set forth in the Family Code (California family law) or by agreement of the divorcing parties.
Will there be spousal support in your California divorce? For how much and how long? Experienced family law attorney Thomas Polinger can give you an analysis of how a judge could rule on the facts of your case. He also explains how spousal support figures into the big picture of your divorce settlement, including tax implications.
The Law Offices of Thomas M. Polinger protects the interests of divorcing men or women in the South Bay area, western L.A. and Los Angeles County. Arrange a confidential consultation at 310-697-8868.
Spousal Support in California
Upon a formal separation or filing for divorce, a judge may award temporary spousal support if one party is at an economic disadvantage. The purpose is to maintain the status quo of the parties until final judgment, which might be a year or more in the future.
Once the divorce is final, the court may award permanent spousal support (previously referred to as "alimony"). The purpose is to assist the recipient spouse in becoming self-supporting, and to maintain the standard of living during the marriage. Generally spousal support is taxable to the recipient and deductible to the payor.
As a rule of thumb, the duration of "permanent" support is half the length of the marriage unless the court determines that the marriage is of lengthy duration. "Lengthy duration" is defined as ten or more years of marriage; in this case, spousal support may be awarded until death, remarriage or upon further order of the court.
Cohabitation after divorce: If an ex-spouse is living with a new partner but not remarried, there is a presumption of decreased need for spousal support. The burden is on the recipient to prove that financial support is still necessary.
Determining the Amount of Spousal Support
Temporary support is sometimes awarded by formula, but permanent support is determined by a long list of factors, including: age or disability, current income, education and marketable skills, earnings history and the accustomed standard of living. In general, the greater the disparity in income or earning capacity, the higher the amount of support.
As a divorce lawyer with 30 years of experience, Thomas Polinger can capably represent your interests in contested proceedings, or in out-of-court negotiations for ongoing support or a lump sum settlement. Call our Hermosa Beach office at 310-697-8868 or contact us online.
