San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support
Under the Family Code, temporary support may be ordered in any amount based upon the party’s need and the payor’s ability to pay while a divorce is pending. Generally, the purpose of temporary spousal support is to enable the recipient to live in his or her accustomed manner pending Judgment. This means that if parties live very modestly in comparison to their means, allocating funds for savings and investments, temporary support may be set to allow for that level of savings and investments. Moreover, Court recognize that a dual income allows for parties to maintain a certain standard of living, while maintaining two separate households will in many circumstances require the parties to lower their standards. Although the guideline formula for spousal support will attempt to equitably allocate income, it is not always possible to provide fully for the financial needs of both parties. Guideline calculations may also be adjusted if child support is being paid in addition to spousal support, and may further be modified by the presence of special circumstances not contemplated by the guideline formula.
Long term spousal support may be ordered in certain cases in the judgment for dissolution. Unlike temporary support, the Court may order a party to pay spousal support, to the other party, for any period of time that the court deems just and reasonable. An award of long term spousal support requires the Court to consider and evaluate a variety of statutory factors, as opposed to relying on a guideline calculation. In addition to evaluating the marital standard of living, the court must consider the following statutory factors: (1) the extent to which each party’s earning capacity will maintain the standard of living establishing during the marriage, taking in account the marketable skills or period of unemployment of the supported spouse; (2) the extent to which the supported party contributed to the supporting party’s attainment of an education, training, career, or license; (3) the supporting party’s ability to pay, (4) each party’s needs, based on the standard of living established during the marriage; (5) each party’s assets and obligations; (6) the duration of the marriage; (7) the supported party’s ability to be gainfully employed without interfering with the interests of dependent children in his or her custody; (8) each party’s age and health; (9) documented evidence of domestic violence between the parties; (10) immediate and specific tax consequences to each party; (11) the balance of hardships to each party; (12) the goal that the supported party be self-supporting within a reasonable period of time; (13) the criminal conviction of an abusive spouse; and (14) any other factors the court deems just and equitable.
If you or someone you know has questions about spousal support or divorce, the team of attorneys at Sagaria Law may be able to assist you. The attorneys at Sagaria Law handle all aspects of family law, and work on cases throughout the Bay Area. Contact our office today for a free thirty minute consultation with one of our attorneys.