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Spousal support during property division after divorce

People in California who have gone through a divorce know about the different financial issues that are common to most divorces. Spousal support and property division, for example, are issues in many California divorces. With regard to spousal support, one party can request a temporary spousal support order, which can become final once the separation judgment is issued by the court.

To decide on the spousal support amount, courts generally consider a number of factors. However, for temporary spousal support, many judges use a formula to calculate the support amount. While making a final decision on the amount of spousal support, the court generally considers the length of marriage or domestic partnership as a major factor. The partners' standard of living during their marriage is also considered. The earning capacity of each partner and their ability to maintain the same lifestyle after separation is also taken into consideration.

It may not be feasible for one partner to get a job if the same person has to take care of the children born during the partnership. The court duly considers this aspect as well and also tries to find out whether the career of one spouse was affected while taking care of the household and children.

The physical and mental health and also the age of both the spouses are considered before any decision is made on spousal support. Debts and properties of both spouses also play an important role in the process. The court also finds out whether any instance of domestic violence has taken place during the length of the relationship.

Spousal support incomes are not exempted from federal or state taxes, so the court also analyzes the impact of taxes on the spouse entitled to support. Only after analyzing these factors will the court finalize a spousal support order. Anyone with question about spousal support or any other family law issues should consult with an attorney.

Source: California Courts, "Spousal/Partner Support," Accessed on May 22, 2015

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John T. Chamberlin, Attorney at Law
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