During a separation or divorce, both spouses need to understand that spousal support is not a right, nor is it a guarantee. In other words, while spousal support does play a significant role in many divorce cases, not everyone is entitled to it.
The court will analyze several factors before determining whether alimony is to be awarded and, if it is, how much. There are also different types of spousal support to be aware of. There is temporary support and permanent support.
Below, we’ll take a closer look at spousal support and how and why it is awarded.
What Is Spousal Support?
Spousal support, or alimony, is a monetary award often ordered by a court to be given to one spouse (the payee spouse) from the other spouse (the payor spouse) during a divorce or separation.
Temporary spousal support may be awarded to a spouse while a divorce case is pending, and the couple is only separated. Some courts will award this support during this pre-judgement phase as long as specific requirements are met.
Permanent spousal support is what most people think of when they consider the more traditional kind of spousal support. While it is set up for more extended periods than temporary support, permanent spousal support is also not financial support that goes on forever. Instead, it is a more stable, long-term form of alimony.
Factors Considered When Deciding on Spousal Support
As stated above, the court will consider several factors before judging whether support should be awarded and how much. Namely, the court will look at Family Code 4320, which lists several determining factors.
First, Family Code 4320 looks at the standard of living present during the marriage and compares this against each spouse’s earning capacity. Unemployment, training, marketable skills, and education are all considered here.
Other factors are considered as well:
- How long the couple was married
- The ability of the paying spouse to pay
- How much the to-be-supported spouse helped support the other’s training, schooling, etc.
- Assets and obligations
- Standard of living needs for both spouses
- The health and age of each spouse
- Any pertinent court records
- The balance of spousal hardships in the marriage
- And more
Remember: If you are going through a divorce and are looking for immediate but temporary financial relief, don’t necessarily look to Family Code 4320 for answers. This code only applies to permanent support. However, if your case is still not ready for trial, this doesn’t mean you cannot petition for temporary support.
Contact Us Today to Book Your Free Consultation
If you are going through a divorce and have questions about the process or about spousal support specifically, contact Mohajer Law Firm for help. We offer free initial consultations for clients who are interested in our services.
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