Spousal support is intended to be temporary financial support paid to one spouse by another during or after a divorce. These funds are meant to help the receiving spouse become self-supporting.
Spousal support can be ordered temporarily during a domestic violence case or during the divorce process, after the couple stops living together but prior to the finalization of the divorce. This spousal support, called temporary spousal support, may be ordered alongside temporary child support.
Temporary spousal support is ordered in an Order to Show Cause and will be awarded mainly based off of the cost of living or financial need of the receiving spouse, taking into consideration the income and cost of living of the paying spouse. Because the final spousal support order will be based on a number of factors, it is possible the temporary spousal support amount will be greater than what the final order will be.
The final spousal support awarded will reflect the financial resources of both parties, the cost of the style of living the receiving spouse became accustomed to during the marriage, earning capacity and education level of both parties, length of the marriage, age and health of both parties, whether caring for a child will make gainful employment difficult for the spouse in need, support, financial or otherwise, the spouse in need provided to the high earning spouse during the course of the marriage and their career, tax implications of the support, whether domestic violence has occurred and the general feasibility of the support order to each party.
As you can see, determining the final spousal support amount is complex; consult with an experienced family law attorney if you have any questions. The final spousal support amount can be ordered for a set period of time or permanently, depending on how likely it is the spouse in need will become self-supporting given a certain amount of time. Temporary spousal support ordered during the divorce process helps the spouse in need meet their living expenses in accordance with the style of living they enjoyed during the marriage and is ordered until the divorce is finalized. This can be for as little as three months but can last much longer depending on how complex your case is.
Are you in the Los Angeles area and have questions about spousal support? If you are beginning the divorce process and need guidance, Family Law Specialist Mark H. Karney can provide extensive experience handling complex divorce cases to ensure you end up with a support order that looks out for your best interests now and in the future.
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