Determining Spousal Support In Divorce
Spousal support may be granted in a divorce, a legal separation, an annulment or when a domestic violence restraining order is issued. Unlike child support, spousal support is only considered if a spouse or partner specifically requests it. Getting the courts to grant spousal support in California is notoriously difficult. Without the help of an attorney like Rita Holder to guide you through the process, a request for spousal support is likely to be denied.
Factors Used To Determine Spousal Support
The decision whether to grant support is made by a family court judge based on factors established by local government, including:
- How long the marriage or domestic partnership lasted
- The age and relative health of each spouse or partner
- The ability of each spouse or partner to maintain their standard of living
- Whether a spouse or partner was a victim of domestic abuse
- Whether taking care of children prevents a spouse or partner from seeking employment
- Division of joint property and debt
If spousal support is granted, the amount of the payments must be agreed on by both you and your ex-partner or spouse. Our legal team has decades of experience in spousal support negotiations. We aggressively pursue fair and equitable payments that allow our clients to maintain their standard of living.
Modifying Or Ending Spousal Support
Spousal support agreements represent a snapshot in time and can be modified as the circumstances of the payor or payee change. Modifications to the payment amount must be requested, but most spousal support agreements automatically end under the following circumstances:
- The person receiving support dies
- The person receiving support remarries or registers a new domestic partnership
- The agreed duration of the support agreement ends.
If you or your ex-spouse/partner has had a change in circumstance and you want to modify your agreement, our family law team can help you petition the court for a modification. We will fight aggressively to make sure you get a fair support agreement.