Factors That May Affect Spousal Support

Whether you are requesting spousal support or are being asked to be the payor, this issue will have a significant effect on both parties in a divorce. As you look toward the future, a contested divorce lawyer in Alameda County, CA, can help you to understand the details of how spousal support may be decided and the length and level of impact it may have on both spouses.

Temporary Support

As a couple moves through the process of obtaining a divorce, it may be the case that one spouse needs financial support until the final divorce decree is issued. An experienced lawyer like Attorney Bernie can help clients decide on reasonable accommodation. The court will calculate what it considers to be a fair amount and these payments will cease when the divorce is final and permanent support has been established.

Permanent Support

The court may take several factors into account when deciding whether to grant one party in a divorce spousal support. A contested divorce lawyer in Alameda County, CA, can help you determine which of these may apply to your situation:

• How long the couple has been married
• Current and potential income levels of each spouse
• The age and health status of each spouse
• Whether there are juvenile children involved
• The presence of any disabilities in either spouse

If support is granted in a marriage that has lasted less than 10 years, frequent spousal support will last no more than half the length of the marriage. The judge may determine lengths of time greater or lesser than this standard at his or her discretion. For couples who have been married for longer periods of time, the court will consider many other factors in deciding the duration of spousal support. In these cases, the input of a divorce lawyer like Attorney Bernie can be invaluable.

The court may decide to issue support to a spouse without an income for the period of time that he or she might need to get the education or training to become self-sustaining. This type of rehabilitative support will come with expectations that the receiver is making good-faith efforts to better his or her situation.

For marriages that have lasted for many years, the court may order permanent spousal support if, due to age or health issues, it is unlikely one spouse will ever be able to support himself or herself. It is important to note that even permanent support can terminate if receiving spouses’ finances change drastically, they marry or choose to cohabitate with a romantic partner, and of course upon their death.