HOW IS

SPOUSAL SUPPORT

CALCULATED?
A Decision on Spousal Support Can Have A Major Impact on the Future Financial Situation Of Both Spouses When a Marriage Ends

Terence Daniel Doyle, Esq.

If no agreement can be reached, then the question of spousal support will come before the judge assigned to the case. The judge will then make a decision about whether support is appropriate at all, considering factors outlined in California Family Code section 4320.
Spousal support is money that one spouse must pay to a recipient spouse during a separation or after a marriage has legally been dissolved. Spousal support is not required in all marriages and the amount that must be paid depends upon the financial circumstances of the spouse paying support (the payor) and the recipient spouse (the payee). A decision on spousal support can have a major impact on the future financial situation of both spouses when a marriage ends. Spousal support may sometimes be ordered on a permanent basis, which means it can continue until the death of either spouse or the remarriage of the recipient spouse. Since a spousal support order can thus affect your finances for many years to come, it is imperative you have an experienced legal professional advising you and representing your interests when a support determination is made. A divorce attorney can provide the necessary assistance and each spouse should have his or her own legal representative.

HOW IS SPOUSAL SUPPORT CALCULATED?

There are several different processes that may be followed to determine the amount of spousal support that is to be paid. If the divorcing couple has a prenuptial agreement that addresses spousal support, this agreement will normally be determinative. The payee spouse will receive the

How is Spousal Support Calculated?Doyle Golde &Grossman Family Law Group 925-314-2320

designated amount of money as outlined by the premarital agreement. However, either spouse can argue against the enforcement of the agreement and may be successful if it can be proven that the agreement was entered into under conditions of fraud or duress or that the agreement is otherwise invalid. If a prenuptial agreement is invalidated or the provisions on spousal support not enforced, then a different calculation method will need to be used. If there is no applicable prenuptial agreement, the divorcing couple may wish to negotiate the issue of spousal support outside of a litigation setting. A couple can work with a mediator or a collaborative divorce coach to try to come to an agreement on an appropriate support payment. Even with a mediator or a collaborative coach, however, both parties should be represented by an attorney who can advise them of their rights under the law. If no agreement can be reached, then the question of spousal support will come before the judge assigned to the case. The judge will then make a decision about whether support is appropriate at all, considering factors outlined in California Family Code section 4320. This section specifies that the judge should consider the length of the marriage, each partys earning potential and the contributions of each spouse to the marriage and to the others career. After the judge has determined that support is justified, the next question is whether the support is to be temporary or permanent. If the support is temporary, local guidelines will be used to determine the amount of support received and the payments will continue only for a designated period of time. Usually, the purpose of this temporary support is to allow the recipient spouse to complete some task, such as getting re-certified, renewing a professional license or re-entering the workforce.

How is Spousal Support Calculated?Doyle Golde &Grossman Family Law Group 925-314-2320

The support amount will be determined based on each spouses income and on the purpose of the temporary support. When the support is to be permanent, the judge will enter an order mandating the amount of support that is believed to be fair and reasonable given the circumstances. The more money the payor has available, the longer the marriage, the greater the earning discrepancy and the greater the disparity in earning potential, the larger the support payment is likely to be.

PAYING SPOUSAL SUPPORT

Once the judge has entered a support order and mandated the amount of support to be paid, the payor spouse must pay this money as required by the court. A failure to pay as required and in full could have serious consequences for the payor. Defying a support order, like defying any court order, could result in the payor being held in contempt of court. Wage garnishment and even possible jail time could occur when someone continually fails to live up to support obligations.

If paying the required amount of support becomes a hardship as a result of a material change in circumstances, the spouse who wishes to make a change to the support order will need to petition the court in order to do so. The spouse seeking the change

How is Spousal Support Calculated?Doyle Golde &Grossman Family Law Group 925-314-2320

in the support amount must show that a significant change in circumstances has occurred that has made paying the designated support amount impossible. Courts will consider whether the change of circumstance is sufficient enough to warrant a solution. However, the payor spouse cannot act intentionally to reduce his or her income simply to avoid support obligations. An experienced divorce and family law professional can help spouses involved in a divorce to understand the processes the court follows in making important decisions such as a ruling on spousal support. Your attorney will also argue on your behalf and help you to achieve the most favorable outcome possible under the circumstances of your divorce.

About the Author

Terence Daniel Doyle, Esq. is the founder of the Family Law Group, Danville CA. Terence Daniel Doyle brings a powerful background and a strong skill set to the firm. He is one of only 1100 attorneys in the state of California to hold the unique standing of Certified Family Law Specialist (CFLS) from the State Bar Board of Legal Specialization. In addition to family law, his areas of practice include civil litigation, as well as estate planning and taxation. Mr. Doyle established the firm in 1984, and maintains a strong vision for the law group and its clients. Terence Doyles greatest strength is his ability to apply his knowledge of case law to his clients particular situation, and then devising a strategy which produces the best possible outcome. Mr. Doyle is a member of the State Bar in the states of California, Arizona and Hawaii. He holds his law degree from Golden Gate University, with a B.A. in Mathematics from St. Marys College of California. He is a Danville California native where he resides with his family.

How is Spousal Support Calculated?Doyle Golde &Grossman Family Law Group 925-314-2320