spousal support

pasadena family lawyer | spousal support

There are two kinds of spousal support, temporary spousal support that is meant to “maintain the status quo of the marital lifestyle” to hold the lower earner spouse over until the divorce process is over. And then there is the amount of permanent spousal support which is usually determined at the end of the divorce case, as well as the duration of permanent spousal support.

 Amicable divorce cases typically only aim to reach an agreement for permanent spousal support. Couples usually skip temporary spousal support calculations altogether.

Temporary spousal support is typically calculated using a calculator called Dissomaster. The Dissomaster program is a subscription that judges use on the bench, and that attorneys pay for to have in their law practices. There is a free version of this calculator on California’s child support website.

Permanent Spousal Support

The Law: Permanent spousal support is not calculated with a formula or percentage. Judges must determine a spousal support amount based on a list of factors set forth in Family Code, Section 4320, and the sections that follow 4320:

 

how to resolve spousal support out of court

When you divorce amicably, there are many options that couples may consider when they are deciding on spousal support. Couples are not required to use the 4320 factors the way the judge is. Here are a few of the options that couples can consider when they are discussing spousal support out of the courtroom:

  •  Couples can choose to use a percentage of Dissomaster’s temporary spousal support calculation. 
  • Couples can use a “needs-based” analysis. This method takes a more practical approach.
  • Some couples decide that a spousal support buyout is better for them. A buyout provides a clean break.

unlike court, mediation gives you the power to be in control of your spousal support decisions.

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