The Law Offices of Marc E. Mitzner Articles Spousal Support Facts in California

Spousal Support Facts in California

By Marc E. Mitzner   Nov. 15, 2010 4:20p

In California, when a marriage or domestic partnership is dissolved, a partner or spouse can ask the Judge for spousal support, alimony or partner support. You can also ask for spousal support or partner support to be paid while a case is ongoing. This temporary order is referred to as a "temporary spousal support order" or a "temporary partner support order."

Many counties in California have formulas for which they calculate temporary spousal or partner support orders. However, when the judge makes the "final judgment" of your case, he or she will not be using a formula in order to calculate the amount of the support. The judge will consider many factors in determining the support order in your case and these factors are:

  • The length of marriage or domestic partnership
  • The needs of both parties
  • What both parties can pay, including their earning capacity
  • The age and health of both spouses
  • Their debts and property
  • If one spouse or partner helped the other partner get an education, career, training or other professional license
  • If one spouse's or domestic partner's career was affected by taking care of the home, children or unemployment
  • Any tax impact spousal support may have (marriage only)

Having an Attorney Can Help

Spousal support and domestic partner support are difficult and complex issues. You do not have to have an Orange County divorce attorney in order to ask the courts for spousal support, however having somebody who is trained and knowledgeable in the laws pertaining to divorce and support with you when you go to court can have a large impact on the outcome of your support case, especially in the case of domestic partnership where the laws are more vague and ambiguous. If you are getting a divorce or are dissolving your domestic partnership, Orange County divorce lawyer Marc E. Mitzner has the tools and experience necessary to help bring your support case to a favorable outcome.

Contact Orange County Divorce Attorney Marc E. Mitzner today for a free consultation if you need advice on how to proceed in your support case.

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