Do you qualify for Spousal Support?

  • 11 26, 2018
  • Irwin & Irwin
  • Divorce

During divorce proceedings, spouses may agree on spousal support, which is also referred to as alimony. Spousal support is used to help the lower or non-wage earning spouse have the economic means that they would have had if not for the divorce. For instance, if a spouse gave up their education or career in order to tend to the needs of the family, courts will ensure they have compensational means to get back into a working profession. This can include taking classes for a specific trade or skill.

Spousal support is intended to help a person continue to live at the marital standard of living where possible, at least while making efforts to become self-supporting. In California, the court will dictate the amount of spousal support by using several factors defined in the California Family Code (§ 4320). Some of these factors are, age, physical condition, financial condition, spouses’ earnings, the standard of living during the marriage, length of marriage and, the ability of the low or non-income spouse to support himself or herself.

Whether you will be requesting spousal support or are being ordered to pay it, it is highly recommended you speak with an experienced family law attorney to ensure you are requesting and/or paying the right amount. Once spousal support is ordered it may be costly and time consuming to get changed down the road.

For more general information about spousal support visit the California Courts website at http://www.courts.ca.gov/1038.htm.

Authored by IRWIN & IRWIN.

IRWIN & IRWIN Family Law is located in Fullerton and Newport Beach, California.  We provide a full suite of family law services from divorce litigation, divorce mediation, child custody issues, domestic violence restraining orders and representing minors in court.  “Every situation is different, and some come with very complex financial issues.  Our legal team is here to support you during a very troubling time and prepare you for court, or to at least help negotiate or mediate the issues out to establish an equitable legal resolution,” says Kelly Irwin, Senior Litigator at the firm.