Thousand Oaks Spousal Support Lawyer

Thousand Oaks Alimony Attorney

Spousal support, sometimes known as alimony, can be ordered after a divorce or legal separation when one spouse earns significantly more than the other. McFadden Family Law & Mediation will help you understand this complex area of the law and determine whether spousal support is appropriate in your situation, and if so, how much and for how long.

The purpose of spousal support is to help the supported spouse meet their financial needs after a marriage ends. Spousal support is intended to help both parties maintain the marital standard of living as much as possible, but in reality, it is not usually possible for either party to enjoy the marital standard of living after a divorce because the income that used to support one household will then have to support two.

What is legally known as “temporary spousal support” can be ordered immediately after separation and is intended to help support the financially needy spouse pay their living expenses during the dissolution process, which may take months or even years to resolve. It is calculated according to a legal guideline formula using a software program called a DissoMaster, which McFadden Family Law & Mediation will use to help figure out the appropriate amount in your case. While a variety of factors can cause variations in the exact amount, it is approximately 40 percent of the higher earning spouse’s net income, minus 50 percent of the lower earning spouse’s net income.

The law expects that in most cases, the supported spouse will make efforts to become financially self-supporting so that spousal support in Thousand Oaks, CA can eventually be reduced or terminated. It may take time for the supported spouse to pursue the education or training necessary to become financially self-sufficient, and if they are caring for young children, this may affect their ability to work, but there is a legal expectation that both spouses will seek employment to provide financially for themselves and their children at their earning capacity. In some situations, a Court will impute income to the supported spouse at the minimum wage or another level if it believes that person has the ability and opportunity to work but is not doing so. In other situations, a party may seek the services of a vocational evaluator to determine how much income the other party is capable of earning based on their skills, education, experience, interests, and other factors.

Key Factors in Determining Spousal Support in California

When a final judgment of dissolution or separation is ordered, the DissoMaster formula for spousal support no longer applies, and the law requires that an appropriate amount of spousal support is to be determined by 14 different factors:

1. the extent to which the earning capacity of both parties is sufficient to maintain the marital standard of living;
2. the extent to which the supported party contributed to the attainment of the education or career of the supporting party;
3. the supporting party’s ability to pay;
4. the needs of each party based on the marital standard of living;
5. the obligations and assets, including separate property, of both parties;
6. the duration of the marriage;
7. the ability of the supported party to engage in gainful employment without unduly interfering with the needs of dependent children in their custody;
8. the age and health of the parties;
9. a documented history of domestic violence;
10. tax consequences to each party;
11. the balance of hardships to each party;
12. the goal that the supported party shall become self-supporting in a reasonable period of time;
13. the criminal conviction of an abusive spouse; and
14. any other factors the court determines are just and equitable.

Modifying or Ending Spousal Support in Thousand Oaks, CA

The duration of spousal support can vary. When a marriage has lasted less than 10 years, spousal support is typically paid for no more than one-half the length of the marriage. When a marriage has lasted more than 10 years, spousal support is typically ordered to be paid indefinitely until the support spouse remarries, either party dies, or the court orders it to be reduced or terminated due to a change in circumstances, such as retirement, job loss, or a change in need. Spousal support is complicated area of law, and it is a good idea to hire a professional to help you understand your rights.

Contact a Thousand Oaks Spousal Support Attorney Today

Need help with spousal support? Our experienced Thousand Oaks attorneys are ready to guide you through the process. Contact McFadden Family Law & Mediation today for a free consultation and get the support you deserve.