Before your separation, did you or your spouse act as the family’s primary earner? If so, the courts may want to go beyond fairly and equitably splitting assets by awarding spousal support.
Also known as alimony, a spousal support order gives the homemaker of the family financial backing so they have time to go through training and start working. Depending on their situation, the order may be temporary or long-term, potentially resulting in a lasting impact on the primary breadwinner’s finances.
Every spousal support order is different, too, since the calculations are based on your unique situation. Wondering how that might work? Just use this guide to learn more about how is spousal support calculated by courts.
Difference Between Temporary and Long-Term Spousal Support
During your divorce proceedings, the courts can decide to award temporary or long-term alimony. The alimony helps the non-breadwinner of the family stay afloat while handling the dissolution of your marriage.
Temporary orders often occur on an emergency basis while the divorce is still pending. Long-term alimony orders usually come in at the end, setting the terms of your divorce before closing the case. The courts can change it up if the marriage is relatively short or other complicating factors necessitate the need for short-term support only.
The courts calculate both types of alimony differently to come up with genuinely accurate figures. The process is standardized for both temporary and long-term spousal support. But the courts use a software suite to calculate the temporary orders, while long-term alimony judgments follow Family Code 4320 instead.
Factors Used to Calculate Temporary Spousal Support
When calculating temporary spousal support, the courts typically use the DissoMaster software suite. The system uses your spouse’s financial information to calculate the appropriate monthly spousal support payments.
Depending on your situation, info put into the system may include:
- Annual earnings figures
- Total number of children
- Custody arrangements
- Tax filings
Then, the system indicates which spouse should pay alimony and at what rate. In most cases, the temporary orders only stay in effect until the divorce proceedings reach the final stage. Then, the courts may decide to award long-term alimony or cease the spousal support payments altogether.
How Courts Determine Long-Term Alimony Orders
When deciding if they should award long-term spousal support, the courts examine Family Code 4320. The code demands the court consider several important factors when making this decision.
The court will then look at you and your spouse:
- Age
- Health
- Marketability
- Standard of living
By weighing all those factors, one can determine if one spouse should get support from the other. Often, the results match the DissoMaster calculations, but that’s not always the case. The courts must make their own calculations based on the Family Code to accurately award long-term alimony.
Need Help Navigating Through Your Divorce Proceedings?
Divorce brings up many challenges and pressing questions. So, having a knowledgeable attorney in your corner makes sense. Fortunately, you can get the support you need by calling our team at 626-569-5200. At Mohajer Law Firm, we specialize in family law matters, including alimony laws and spouse support after divorce. So, we can give you all the guidance and support needed to get through the challenges ahead with ease.