One of the most complex issues in any family law case is spousal support. In order to simplify the issue, the courts break spousal support down into two component parts: temporary spousal support and permanent, or long term, spousal support.
Temporary spousal support is generally awarded near the beginning of the case at the request of either party. The amount is generally determined by the same guidelines as child support using a computer software program. The current income from each party, if any, is placed into the software program, and a guideline temporary spousal support award is determined.
Long term, or permanent spousal support, is not based on a computer program but on various factors under the California Family Code. Considerations include the assets and debts of each party, the earning capacity of each party, the marital standard of living, the age and health of the parties, and any other factor the court deems relevant. The duration of spousal support is often tied to the duration of the marriage.
How Long Does Spousal Support Last?
For marriages of less than ten years, spousal support is generally awarded for one half the length of the marriage. For marriages of greater than ten years, known as marriages of long duration, the court will generally maintain jurisdiction, or power, over spousal support until the death of either party or the remarriage of the supported party. This does not mean that spousal support in long marriages will last forever. The court has authority to order a step-down and to reduce or terminate spousal support based on a change in circumstances that may include, but not be limited to, the cohabitation of the supported party or the age 65 retirement of the supporting party.
Although not required in marriages of long duration, it is customary for a court, upon request, to order the supported party to make efforts to become self-supporting within a reasonable period of time. In addition, it is possible to request and obtain an order to subject the supported party to a vocational examination in order assess the earning capacity of a spouse who is unemployed or under-employed for purposes of permanent, or long term, spousal support.
Why Should You Negotiate a Spousal Support Settlement?
Because the court has such broad discretion, or decision-making authority, over permanent spousal support, the outcome at trial is far more uncertain than in the case of temporary spousal support. As a result, a negotiated settlement of permanent spousal support often makes sense in eliminating the uncertainty associated with litigation, and reducing the exposure of each party to a potentially adverse result at trial. In many cases, an award of property can be used in lieu of spousal support in order to effectuate a buy-out. It is important to consult with an attorney as early in the process as possible in order to assess risks, strategies and possible resolutions to this critical issue.
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Stephen Nixon graduated from the Florida State University College of Law in 2007. After law school, Stephen served as an Assistant State Attorney for Florida’s First Judicial Circuit. He then went on to co-found The Nixon Law Firm where he practiced family law.
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Erin Grimes earned her B.A. at UCLA in 2001 and her Psy.D. at California School of Professional Psychology in 2008. She has practiced and taught in the Department of Psychiatry at UCSD from 2007-2014. She has also worked in private practice for the past 12 years treating families, couples, and individuals. Erin sees patients in La Jolla and Solana Beach and offers consultation services for families considering divorce.
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Carrie Block is the managing partner at the Orange County office of matrimonial law firm Holstrom, Block & Parke. With more than 25 years’ experience in top-tier family law firms, Carrie is an expert in all areas of family law, including divorce, custody, child support, spousal support, paternity and premarital rights. Her practice at HBP focuses on high asset family divorce, collaborative divorce and mediation in Orange County.
Janice Moody lives by the philosophy that “developing strong relationships is the foundation of life”while demonstrating this both personally and professionally.
Matthew (Matt) Bogosian has practiced family law exclusively throughout his legal career. Matt graduated magna cum laude from the University of California at Los Angeles, earning a Bachelor of Arts in Linguistics with Departmental Honors. After being inducted into the Phi Beta Kappa academic honors society, Matt attended Pepperdine University School of Law in Malibu where he earned a Juris Doctor and a Certificate in Dispute Resolution at the world renowned Straus Institute for Dispute Resolution. In law school, Matt received the American Jurisprudence Award in Negotiation and Settlement Advocacy, earned Honors in Trial Practice, and won the Appellate Advocacy Invitational. His elective courses of study included Family Law, Advanced Family Law, Community Property and Divorce Mediation.
Chad Willardson is a Certified Financial Fiduciary® and the Founder of Pacific Capital, a financial advisory business in Southern California primarily serving families and entrepreneurs. Prior to starting Pacific Capital in 2011, he spent 9 years at Merrill Lynch Wealth Management after earning his economics degree from Brigham Young University. Chad’s been named a 5-Star Wealth Manager every year since 2012, which is awarded to less than 3% of Advisors in the U.S. Chad was featured in The Wall Street Journal, Forbes, U.S. News & World Report, INC., Financial Advisor magazine, and Entrepreneur magazine.
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