What is Important To Know When Dealing With Spousal Support in California
When a married couple in California divorces, they will have established a certain lifestyle with one another. In many situations, a court may rule that the spouse making the most money, husband or wife, is required to provide financial assistance to the other spouse. This will be to maintain their lifestyle. It could be referred to as alimony or spousal support.
Types of Support
A California judge my rule a spouse will only be awarded temporary support. This could cover the time spanning the divorce proceedings as well as a specified time after the divorce is final. Spousal support could be determined to last a specified amount of time and be a specific amount of money. Alimony in California could also be made in a single lump-sum payment. It is also possible for a divorcing couple to work out the details of financial support on their own. A court will often agree to uphold such an agreement. A judge will make certain it meets all legal requirements. The couple’s alimony agreement could be denied if it involves a complete waiver of alimony for the lower earning spouse.
In California, the duration of support will be influenced by the length of a marriage. When a couple has been together for less than a decade, it is common for a court to not order support to last more than five years. Should a couple have been married for ten years or longer, the court may not provide a definite termination date for California alimony. The spouse paying the support may argue that the other spouse must become self-supporting within a certain period of time. Anyone who claims they are not able to work or does not have the ability to maintain a full-time job will be required to prove this with evidence. It’s also possible for long term support to decrease gradually over time. The only situation where spousal support is made permanent is when a spouse is unable to be employed because of age or disability.
Courts in California utilize formulas for determining amounts of support. The figure may be determined by using 50 percent of earnings of the lower earning spouse from 40 percent of the higher earning spouse’s income. The final figure will have an adjustment for taxes as well as payments for child support. It is possible for the spouse who will be caring for the couple’s dependent children to get rough estimates from a temporary support order. The California Department of Child Support will provide guidelines of support using its calculator.
When a court is trying to determine alimony in California, there are a number of factors that could influence their decision.
*The support one spouse provided the other with obtaining an education, career advancement, licensing as well as training and more.
*The future goals of the supported spouse when it comes to being self-supporting. The anticipated time will be considered.
*The financial ability of the spouse providing support to pay. Their income, assets, and standard of living.
*Anticipated financial hardships of each marriage partner.
*Each marriage partner’s financial obligations to assets that include separate properties and more.
*Any documented history of domestic violence by either marriage partner.
When it comes to spousal support in California, the amount paid is tax-deductible for the marriage partner who pays it and is taxable income for the marriage partner who receives it. It is possible for marriage partners to draft their own agreement with the goal of avoiding as many tax consequences as possible. They may be able to create a situation with a payment structure that will provide the best possible tax circumstances for both of them. In many cases, there are no tax consequences associated with a lump sum payment.
Support Modification Or Termination
Unless the there is a written agreement in place that eliminates changing support payments, either marriage partner can ask to have it modified or terminated. This request could be the result of a material change in the financial circumstances of either spouse. Unless such a written agreement is in place to the contrary, spousal support will end on the death or either spouse. It could also end when the spouse receiving it remarries. In California, there is a rebuttal presumption when it comes to a former spouse cohabiting with a new partner. The presumption is that there is a decreased need for financial support.
It is always in the best interests of both marriage partners to determine support that will fit their individual situation. This can be done when both individuals approach it in a thoughtful method and are open to fair negotiation. Should a couple use alimony as a tool to hurt one another, it will end up hurting both of them. Experienced legal professionals will be able to provide the legal framework for this agreement. An attorney who is knowledgeable in family law can help their client arrive at the best possible resolution.