When a couple legally separates or divorces, the court may order one spouse or domestic partner to pay the other a certain amount of support money each month. Commonly known as alimony, this is also referred to as “spousal support” for married couples and “partner support” in domestic partnerships.
During a divorce or legal separation, two types of alimony are ordered by the Courts, temporary spousal support and permanent spousal support. They both are utilized for different reasons.
Temporary spousal support is paid by the higher earning spouse to the lower earning spouse during the duration of the divorce action. The purpose of temporary spousal support is generally set to an amount that maintains the status quo
Permanent spousal support is alimony that is paid after the entry of judgment. In order to create an order for this, the Court will look at Family Code §4320. Some of the factors that are examined are:
- the marital standard of living,
- party’s income or earning capacity,
- the supporting spouse’s ability to pay,
- the supported spouse’s needs,
- the marital estate’s assets and debts,
- the length of the marriage,
- the age and health of the parties,
- and whether there was any documented history of domestic violence
Spousal support/partner support is a complicated legal issue with many considerations. At Law Office James Chau we can help you navigate this complex to process to understand how long the support may last, help you calculate spousal/partner support accurately, and advocate for you in the process.
For information on how this may apply to your situation, please contact Law Office James Chau to set up a free consultation. Spousal support in San Jose, alimony in Sunnyvale, spousal support Santa Clara.