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.