Spousal Support
The court system determines spousal support amounts with an eye on the factors provided by the Legislature, including length of marriage, prior living standard, presence of young children, employment opportunities available to the spouse requesting support, and the extent to which the supported spouse has contributed to the attainment of education or a professional license by the other spouse. The court will, at the very least, require a "reservation of jurisdiction" when considering marriages lasting more than ten years. This means that even if no current spousal support orders exist, the supported spouse will be permitted to request spousal support in court a year later should the need arise. For marriages lasting less than ten years, spousal support will usually be paid for approximately one-half of the marriage length.
Temporary spousal support is sometimes available and can be awarded when one spouse is unemployed or earning significantly less than the other spouse. If child support is also being paid, the amount of spousal support is determined after the guideline level of child support is calculated. Temporary spousal support is used to preserve the status quo and provide the spouse with sufficient income for basic needs in maintaining the parties' lifestyle.
Spousal support comes with an income tax advantage. The Internal Revenue Code defines all spousal support payments as tax deductible by the paying spouse and "ordinary income" for the recipient spouse. For this reason, negotiated settlements can include a high spousal support number resulting in tax breaks for the paying spouse.
Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have a fair and equitable resolution. Call us at
Articles
How is California Spousal Support Calculated?
Spousal Support: Does it Ever End?
Spousal Support & The Mythical Ten Year Rule
Codes
Family Code §150 - Support Defined
Family Code § 142 - Spousal Support Defined
Family Code §3558 - Court Ordered Job Training, Placement, or Vocational Rehabilitation
Family Code §4320 - Determination of Amount Due for Support; Considerations
Family Code §4323 - Cohabitation with Person of Opposite Sex; Rebuttable Presumption of Decreased Need for Support
Family Code §4331 - Examination by Vocational Training Counselor
Cases
In re Marriage of Campbell (2006) 136 Cal.App.4th 502
In re Marriage of Gavron (1988) 203 CA3d 705
In re Marriage of Schaffer II (1999) 69 CA4th 801
In re Marriage of Iberti 55 CA4th 1434
In re Marriage of McCann 41 CA4th 978
