Spousal Support is a critical part of the divorce process. Whether you will be paying for or receiving the support, it is important that you know what it is and how it is determined. Essentially, it is a court order that is for the maintenance of an individual’s quality of life.
If a partner’s standard of life declines due to divorce, it may be decided that they will begin receiving spousal support. The standard of living during the time of marriage sets the bar for how much support is received. Having an expert family law attorney that specializes in spousal support by your side is crucial to your case.
Attorney Rita Liu has the experience to help you either receive or pay a fair amount of spousal support. Call 949-585-9055 today to schedule your free consultation and learn more about how our team can benefit you.
Continue reading to learn about the 9 key factors that go into your spousal support order.
Determining Your Spousal Support Order
- Length of marriage – The length of your marriage matters as the longer you are together with your partner, the chances are you’ll have more assets to divvy up than if you were newlyweds.
- Standard of living while married – This is a huge factor in determining the amount of spousal support required. Example: If a couple gets divorced and one is the salary earner and the other is staying at home with children, then it would be expected for the salary earner to either temporarily or permanently support the partner that was staying at home (potentially until they return to their career or longer).
- Earning capacity of the spouse requesting support – Essentially, the court examines the financials of both parties and determines how much the spouse requesting support can annually earn versus the other spouse.
- Other spouse’s ability to pay support – If a spouse has had any major changes in career or health, the court might determine spousal support is not feasible.
- Age and health of both spouses – Generally, the older the parties and the more health issues that are involved, the greater the likelihood that spousal support will be ordered.
- Division of assets and debts – Where assets are divided and how debts are assigned plays a large role in spousal support. The more debt a spouse agrees to take on can lower or eliminate support orders.
- Child custody – If one partner will be the primary custody provider, they will more than likely receive spousal support and child support to help raise their children.
- A history of domestic violence – If a spouse was abused, the abuser will typically be required to pay spousal support. This will also highly influence restraining orders against the abuser.
- Prenuptial agreements – If your prenuptial agreement has a section determining how spousal support would be handled in the event of a divorce, that will be heavily weighed as you’ve already agreed to specific terms.
Spousal Support in Orange County, Los Angeles, & Riverside
If you need a spousal support attorney in Orange County, Los Angeles, or Riverside, you need to get in contact with the Family Law Offices of Michael L. Fell. Their family law attorneys have long-term experience that has been proven to be successful. Call 949-585-9055 today to speak with one of our representatives. You can also schedule a free consultation online for your convenience. Get the right representation today.