As mentioned above, the duration and amount of spousal support may vary based on a number of factors.
These deciding factors include:
- The length of the marriage
- The income of both spouses
- The financial contribution made by each spouse during the duration of the marriage
- The marketable skills of the supported spouse
- The job market for the supported spouse’s skills
- The experience and ability to work in order to maintain the lifestyle experienced during marriage by either spouse
- Financial or lifestyle sacrifices made by one spouse to support the career or educational development of the other
Using these and other relevant factors, the court will determine a fair amount of spousal support to be paid by the paying spouse to the supported spouse.
There are two main types of spousal support available in California:
- Temporary spousal support: Temporary spousal support is paid during the duration of the divorce proceeding to help the supported spouse maintain lifestyle and transition into a new financial situation. Temporary alimony ends when the divorce is made final but can transition into permanent spousal support of the same or different amount, depending on the final divorce decree.
- Permanent spousal support: As the name suggests, this is spousal support payments made regularly by the paying spouse to the supported spouse for the foreseeable future. While it is permanent, some major life events, such as an inheritance or a new marriage, may qualify for a modification of the spousal support agreement.
- Spousal support may be determined either in a written agreement between the two spouses, in a prenuptial or postnuptial agreement, or by court order. In divorce mediation or litigation where spousal support has not been determined by a previous agreement, the spouses can request one or both types of spousal support to be included in the final divorce agreement.
For more information about spousal support, contact San Francisco divorce Attorney Diana Romanov* at Romanov Law today. With extensive experience representing clients in both California and in Germany, Attorney Diana has the well-rounded, in-depth legal skills you need to reach a fair spousal support agreement.
