Determining Spousal Support In Orange County
One of the most stressful aspects of divorce is the uncertainty about your financial future. In California, courts can order spousal maintenance as a way to balance out the finances for a divorcing couple.
My name is Hogan Song. I have dedicated my legal career and firm, Song Family Law, APLC, to family law. As a board-certified family law specialist, I help Orange County families with divorce and establishing financial support, like spousal maintenance or alimony.
What Are The Different Kinds Of Spousal Support In California?
In California, courts can award temporary or permanent spousal support. Temporary support, also called pendente lite, provides financial assistance while your divorce case is still active. Its purpose is to maintain the living situation and cover basic needs until the final judgment. Permanent support is the amount set at the end of the divorce. Despite the name, permanent support rarely lasts forever. Your final settlement will define the terms and duration of your permanent support.
How Is Spousal Support Structured In California?
Spousal support can be structured in a number of different ways. Whether your support is temporary or permanent, the court may structure support as:
- Step-down orders: Payments that decrease over time encourage recipients to become self-sufficient.
- Lump-sum support: A one-time payment might provide advantages over monthly installments.
- Rehabilitative support: Funds might be provided to cover the costs of education or job training.
- Reservation of jurisdiction: Sometimes, decisions about spousal maintenance are reserved, and the court retains the power to order it later.
I can help you evaluate your financial situation to assess your needs and determine which structure best fits your financial goals and long-term values. Your support arrangement should provide you with the stability you need to move forward.
How Do Orange County Courts Calculate Spousal Support?
Orange County courts use two different methods to calculate support depending on the stage of your case. For temporary support, judges often use a computer program like DissoMaster to reach a quick figure. This formula primarily looks at each party’s income and tax filing status. However, when a judge sets a final or permanent support order, the law forbids the use of a computer program. Instead, the court must weigh several specific factors found in Family Code Section 4320.
What Factors Does The Court Consider When Determining Permanent Support?
When deciding whether or not to order permanent spousal support, the court will evaluate your lifestyle and financial situation. Some of the factors the court considers include:
- The earning capacity of each person and the needs of each party
- The length of your marriage, and the age and health of both spouses
- Any history of domestic violence between the parties
- The tax consequences of the support payments to each spouse
- The ability of the higher-earning spouse to pay support
When evaluating your financial situation, I will provide a meticulous analysis of these factors so the court can see the full picture of your marriage and financial circumstances.
How Long Does Spousal Support Last After A Divorce?
The duration of spousal support often depends on the length of your marriage. In California, a marriage of less than 10 years is generally considered a short-term marriage. In these cases, support usually lasts for half the length of the marriage. If you were married for six years, for example, support might last for three. For long-term marriages of ten years or more, the court typically does not set an automatic end date.
However, there are several milestones that could end spousal support. These include the death of either spouse or the remarriage of the person receiving support. The parties can also agree on a specific end date. In addition, a future court order can modify or end support based on a change in financial circumstances.
As a published appellate attorney, I understand how to draft orders that protect your interests regarding the duration of support. I will work with you to create a plan that offers clarity for your future. Whether your marriage was brief or lasted decades, I can provide the accessibility and focus your divorce case requires.
Can Spousal Support Be Modified Or Terminated In California?
You can often modify or terminate spousal support if you can prove that there has been a material change in circumstances. Some reasons a judge might change a support order include:
- A significant increase or decrease in either party’s income
- The person receiving support is not making a good faith effort to become self-supporting
- The supported spouse begins living with a new partner in a romantic relationship
- A change in the health of either party that affects their ability to work
If you are the person paying, you might need to seek a reduction if you lose your job or retire. If you receive support, you might ask for an increase if your needs grow or the other party’s income rises significantly. As your life evolves, I can help you evaluate your situation to see if a modification is a viable and strategic choice for you.
Talk To An Experienced Attorney Today
By combining high-end service with competitive pricing, I make complex legal strategies accessible. I will advocate for a fair result that reflects the standard of living you established during your marriage. You deserve a support arrangement that provides the stability you need to move forward.
To schedule an appointment with Song Family Law, APLC, in Orange or Mission Viejo, call me at 714-706-3500. You can also reach out to me by sending a message through my website. I am looking forward to answering your questions and telling you more about how I can help you with your divorce.