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Diamonds & Pearls of Wisdom
The Divorce Wizards Blog by Lynne Diamond
Oh No! Spousal Support |
Tuesday, January 30, 2007 | Those of you who are in the middle of or beginning a California divorce will soon learn what the dreaded words "spousal support" mean. Dreaded because if you are the payor, the spousal support will be too much and if you are the payee, the spousal support will not be enough.
The purpose of spousal support is not well defined anywhere so there are a lot of myths as to what spousal support should be. There are those who believe that spousal support should allow both parties to enjoy the same lifestyle as they did when married. There are others who feel that spousal support should serve as a bridge to transition from a married life to a single life. That being said, the goal in California is for both parties to become self supporting some day.
You would think a Dissomaster calculation would be enough to figure this out. But that would be way too simple. Spousal support is far more complicated than that!
A recent case was heard in the California Court of Appeals regarding a Spousal Support Order issued by an Orange County, CA Judge. This case emphasized that spousal support relates to the standard of living of the marriage - not the lifestyle the parties are living today. The other statutory factors in determining spousal support include: contributions to the supporting spouse’s education,
training, or career; the supporting spouse’s ability to pay; the needs of each party, based on the marital standard of living; the obligations and assets of each party; the duration of the marriage; the opportunity for employment without undue interference with the children’s interests; the age and health of the parties; tax consequences; the balance of hardships to the parties; the goal that the supported party be self-supporting within a reasonable period of time; and the fudge factor - any other factors deemed just and equitable by the court.
Let us know what you think about spousal support!
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Lynne Diamond |
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