Spousal Support Or Alimony
When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. Within the context of family law San Diego attorneys refer to this as “spousal support” or alimony. Courts in California look at a number of factors when deciding if spousal support should be awarded, and if so, for how long and for how much.
In a short-term marriage (under ten years), the courts are likely to assume that each spouse has kept the same ability to support him/herself as before the marriage, and while a brief adjustment is expected, the court expects each spouse to be substantially independent and self supporting within a reasonable period of time. In a long-term marriage (ten or more years) the court is more likely to find extended support appropriate. This determination is case-specific and fact driven.
The court has discretion to award temporary spousal support before trial at any time. Temporary support generally is granted to preserve the “status quo.” In San Diego family law, judges generally rely on a computer calculation using a program called, “DissoMaster.” This same program cannot be relied upon in setting permanent support.
Unlike temporary support, in setting permanent support at the time of trial, the court is required to consider all the following circumstances: the earning capacity, marketable skills, and job of the supported party, including time, expenses, and education/training, impairment of one spouse’s earning capacity due to periods the spouse stayed home to devote to domestic duties, the extent the supported spouse contributed to his/her spouse’s career, education or professional license, the ability of the supporting spouse to pay, each spouse’s needs based on their marital standard of living, each spouse’s assets and debts, the duration of the marriage, and other factors.
In determining a spouse’s actual income for support purposes, a court may consider as “gross income”: salary, wages, bonuses and commissions, overtime pay, if you regularly work overtime, income from rental property and other investments, and other sources of income. In the Court’s discretion, it may consider the earning capacity of a parent in lieu of a parent’s income Termination of Spousal Support There are certain specific events that typically end the obligation to pay or right to receive spousal support: The death of either spouse, the remarriage of the spouse who is receiving spousal support.
In addition, a top San Diego family law attorney explains that substantial changes of circumstances may lead to modification or elimination of spousal support. Examples include: the retirement or laying off of the spouse paying spousal support, substantial increases in the income of the spouse receiving spousal support, and payee spouse’s cohabitation with (”living with”) a presumed sexual partner without marriage.
The effect of the payee spouse’s cohabitation with a presumed sexual partner outside of marriage is a controversial issue. Some courts see this situation as a basis for terminating spousal support in every case. Other courts view this situation as a basis for terminating support only if the relationship is “marriage like.” Some courts examine the relationship to see if it provides, or should provide, financial advantage to the spouse receiving support. If it does, the court may decide that the alimony award should be lowered or eliminated altogether.
Normally, once a court ends the obligation to pay alimony, it can’t be revived or “brought back,” even if the situation of the receiving spouse changes substantially. Be proactive. It is critical that you obtain competent legal advice early on, so that the attorney can make a comprehensive evaluation of all the relevant issues. Determining a spouse’s “actual income”, for setting spousal support may require extensive financial discovery, especially if one spouse is running a business or is otherwise not forthcoming with the truth about all the finances, assets, and debts. One spouse also may try to intentionally reduce their income to avoid their spousal support obligation. There are many other issues that likely will have direct impact on this issue. Seeking professional advice by an experienced San Diego family lawyer early on can insure the best possible outcome whether you are the payor spouse or the payee spouse.