What You Need to Know About Spousal Support
Spousal Support law makes
provision for the award of financial support to a spouse in the aftermath of a
divorce or separation.
According to Maureen Stubbs, a 30+ veteran divorce layer
and mediation attorney in Los Angeles, this is necessary to promote fairness.
The separation of a couple gives room for a court to share their property
equitably although might also lead to unfair outcomes
Conditions that Determines
Spousal Support
Maureen Stubbs lists factors
like the length of the union, the ability of the supporting spouse to pay and
how long it will take the supported spouse to be economically self-sufficient as
necessary inputs needed to arrive at spousal support.
Other issues like
custody of minor children can also weigh in here to reflect personal sacrifices
by the supported spouse to provide the needed care for the minor children at
the expenses of her career
The court also considers
other factual details in the circumstances of the parties before reaching a
verdict and spousal support
in California uses a spousal support calculator.
Prenuptial agreements are
valid if the parties execute them “knowingly” and there has been full
disclosure of assets and income by each spouse.
The respective attorneys play a
vital role in drafting such an agreement before they are signed by the parties.
Types of Spousal Support
Permanent Spousal Support continues for life
unless the benefiting spouse remarries. The courts might grant limited
spouse support if the marriage was for a short time.
The rehabilitative spousal
support is the third type and the supported spouse needs to propose a plan of education or career training to
enjoy this for the period of training. This according to Maureen Stubbs
requires the proven expertise of an attorney to be successful.
The reimbursement spousal
support is designed to refund to
the supported spouse, the contributions made during the course of the union. This
is appropriate where it is proven that the supported spouse financed higher
education cost for the other party but lost out in the accruing rewards as a
result of the failed marriage.
Proving a Right to Receive Support
To maximize the spousal
support in California, the supported spouse must provide receipts and details
of expenditure, bank statements, amongst others.
Testimony by acquaintances or
professional handlers of the couple on the pre-divorce financial status of the couple will be helpful
Using a Spousal Support Calculator
The spousal support
calculator is a formula used in California and it generates a support amount
that a court will typically use to arrive at the supported spouse’s monthly
payment.
An expert attorney can work at reducing or lowering this amount,
depending on what is required.
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