A primary concern for couples facing divorce or separation is spousal support, also known as alimony. The purpose of spousal support is to help the spouse who earns less income maintain the marital standard of living he or she is accustomed to.
The court may award temporary support during the pendency of a divorce action. The amount of temporary support is typically calculated using a specific formula. As for final or post-judgment support, the parties may negotiate an agreement but if they are unable to reach one, the issue must be litigated.
Post-judgment support is more complex and the amount awarded depends on several factors. These factors include:
- The marital standard of living
- The income of each party
- The assets of each party
- The age of each party
- The hardship to each party
- The duration of the marriage
- The extent to which the supported party contributed to the education, training, career or license or the other party
- The presence of domestic violence in the marriage
- The tax consequences of a spousal support award
- The supported party’s ability to work
- What will be required for the supported party to develop or acquire marketable skills
- Any other factors that the court deems to be important, relevant and equitable
Generally, the length of the marriage is relevant to the duration of spousal support payments. The court may also modify a spousal support order if there has been a change in circumstances.
Audrey can assist you whether you need spousal support or you want to oppose the amount your former spouse is seeking.
If you would like to discuss your specific circumstances in detail, please contact Audrey at
415-745-3681 or email@example.com.