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spousal support
Expertise: Spousal Support

Spousal support is one of the most emotionally charged issues in a divorce. Mr. Ford has negotiated many complex spousal support settlements and has litigated dozens of spousal support matters over the past decade.

There are two types of spousal support: temporary spousal support and post-judgment spousal support (sometimes referred to as permanent spousal support).

Temporary spousal support is issued by the court in order to prevent the spouse in need from becoming dependent on others or the state. This support is designed to get financial assistance to the supported spouse during the time the divorce is pending. California courts typically use local guidelines for temporary spousal support. In most cases, the court limits the amount of court time attorneys and parties can spend arguing for or against these temporary support orders. These types of orders are like a snapshot - they are established by looking at several factors that exist at the time the request for support is made. Generally, the most important factors the court will consider are the gross incomes of each party.

Post-judgment (permanent) spousal support is very different from temporary spousal support. In fact, when issuing a post-judgment spousal support order, it is forbidden for the court to use temporary support guideline calculations. Instead the court must review evidence presented by the parties, including the following:

  • The length of the marriage
  • The age of the parties
  • The health of the parties
  • The earning abilities of the parties
  • The marital standard of living
  • Whether or not there has been domestic violence in the marriage
  • The extent to which the support party contributed to the education, training and career position of the supporting party

A cohesive presentation of these and other factors is fundamental to obtaining the right spousal support result.

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