When you are going through a divorce, it’s important to educate yourself as much as possible to expect the best possible outcome. Here are 9 facts that can help you prepare for your Spousal Support case.
#1 – Spousal support is money that is paid by one former spouse to the other, to assist with the former spouse’s financial needs.
#2 – Spousal support is generally calculated based on the length of the marriage and the income or earning capacity of the party
#3 – The length of the marriage determines the duration of spousal support, meaning how long a spouse will be entitled to spousal support.
#4 – Spousal support can be modified or terminated by further orders of the court at any time after the Divorce is final.
#5 – To prepare for the calculation of spousal support it is important to gather financial documents such as tax returns, W-2s, pay stubs, or any other documents that will show the income for both of the parties.
#6 – You or your spouse may wish to seek temporary spousal support, prior to finalizing the divorce. Orders for temporary support will be a higher amount than the final support award, once the community property has been divided.
#7- In the State of California, spousal support is awarded on a case-by-case basis. There are several factors that are taken into consideration when awarding spousal support. When going to trial or negotiating your spousal support orders, it is imperative that you fully understand each of these factors that the court will consider when determining whether or not a spouse will be paying spousal support..
#8 – Spousal support is a highly litigated issue in a divorce. Spousal Support can be extremely costly to litigate, so you may want to weigh the amount of support versus the fees to litigate.
#9 – Often, spousal support litigation matters use various expert witnesses or consultants, such as a forensic accountant, when one person owns a business, or a vocational examiner to determine the earning capacity of one of the spouses.
If you have any questions regarding spousal support, please do not hesitate to shoot us an email or give us a call.