In California, the public policy behind spousal support is to maintain the status quo of both parties lifestyle established throughout the marriage. There are two types of spousal support: temporary and long-term spousal support. Temporary spousal support allows for orders to be established through a pending divorce. Temporary support is usually just a band-aid during the divorce process, to ensure neither party is left without financial means. Long-term spousal support is addressed in the final stages in the divorce process. Typically the Court will analyze long-term spousal support in great detail, covering many factors. Some factors include disparity in education level, career training, income history, assets and liabilities, age and health of both parties and any other factors the Court deems relevant.
Revisiting Support After The Fact:
Support can be modified based on a change in circumstances, like changes in income or retirement.
Even if someone is unemployed, their employability and estimated potential income came be established via a “vocational evaluation”
Attorney’s Fees As A Form Of Support:
If the Court finds a disparity of income between the parties, the Court can order the supporting spouse to help cover attorney’s fees.
If the supported spouse remarries, or either spouse deceases, spousal support is automatically terminated under California law.
Verifying the other party’s income, in any situation, even self-employed or commission-based.
Imputation Of Income:
The Court can impute income on a party when calculating spousal support depending on ability and opportunity.
Impact Of New Significant Others:
Even if not remarried, living with a new significant other can impact the spousal support award.
Buy-Out Of Spousal Support:
In-lieu of monthly spousal support payments, a payor can buy out the other parties support interest by way of a lump sum payment.