The Men’s Legal Center – San Diego Spousal Support Lawyers
When a marriage ends and the divorce process begins, there are several issues that must be resolved before a final dissolution of the marriage can be granted by the court. Unfortunately, many of these issues can be contentious, and one such issue that can quickly become heated is that of spousal support. If you are facing the prospect of having a divorce begin, you need to seek the help of San Diego spousal support lawyers as soon as possible so that your rights as a man are properly protected and enforced. Below is a brief overview of this issue.
California Spousal Support Described
California spousal support orders are generally provided by the court when it is in the interests of the spouse who has not been generating as much income for the family to be able to maintain his or her lifestyle. The majority of California spousal support orders are made for the benefit of the woman and to the detriment of the man, but there is no tangible law that defines this issue by gender. These payments are generally made on a monthly basis and will continue for a duration that is usually set out in the final order.
Factors Determining Whether California Spousal Support Will Be Ordered
California law provides for several factors that courts are supposed to use to determine whether an order for spousal support is appropriate for a given case. Examples of these factors that appear in the California statutes include:
- An analysis of the financial position of each party before and after the divorce is completed;
- Each spouse’s ability to work and earning capacity based on work history, education level and marketable skills;
- The reasonable needs of each spouse based on lifestyle norms;
- The nature of the assets awarded to each spouse as a result of the property division;
- Evidence regarding whether a non-working spouse has made reasonable efforts to obtain gainful employment;
- The tax consequences for both the party paying spousal support and the party receiving it;
- The ability of the spouse who would pay support to reasonably make those payments;
- Any other lawful and valid support obligations owed by the party who would be paying this support; and
- The duration of the marriage.
While these are only examples of the factors that courts will use to make this decision, they do serve as important guidelines for those facing the prospect of having to pay spousal support. Spousal support orders can be temporary or permanent. A permanent order for support can be terminated if the person receiving this support subsequently marries someone else or the financial circumstances of the parties change.
How San Diego Spousal Support Lawyers Can Help
Anyone who is facing the possibility of having to pay spousal support has much to do in the way of preparation and organization of several different assets and liabilities. Failure to meticulously prepare for this issue could lead to a negative result and an ongoing obligation that could be difficult to maintain.
If you are dealing with this issue and you would like to make sure that all of your legal rights are properly protected and enforced, contact the San Diego spousal support lawyers at the Men’s Legal Center today to schedule an initial consultation.