San Ramon Divorce Attorney

The Laws Regarding Spousal Support in California and Your County

In California, spousal support is designed to help a dependent spouse get back on their feet. While each county may choose to handle specifics differently, there are a few details that are common for all spousal support agreements in the state.

Temporary vs Permanent meanings

• Temporary spousal support is initiated before the divorce agreement is complete.
• Permanent spousal support means support initiated after or with the divorce agreement.

Goal of Spousal Independence

• Spousal support in California is meant to support a divorcee until they can gain the skills to support themselves through employment.

Half the Marriage Duration

• Typically, spousal support is expected to last up to half the marriage duration. Therefore, a six-year marriage might result in a maximum of three years of spousal support.

Ten Years to Indefinite

• If the marriage was 10 years or longer, spousal support can but may not go on indefinitely. For as long as the divorcee needs to gain new skills.

Cool Hot Heads and Unreasonable Demands

Divorce mediators specialize in helping two spouses stuck in a conflict to see reason. The spouse due to receive alimony may feel wronged by the marriage and ask for much more than they need. The spouse with a greater income may be reluctant to pay anything, or inclined to underestimate a reasonable cost of living. When the two opinions clash, no one can see eye-to-eye.

With a spousal support mediator, you will be able to vent your feelings on the matter, then face the legal framework and make rational decisions about how to move forward with spousal support both individually and as a team. When both parties see the necessity of the other’s perspective it is more difficult to keep arguing.

Ensure Both Spouses Can Live Comfortably with a Spousal Support Arrangement

One of the best ways to reach an agreement about spousal support during divorce proceedings is to chart out a reasonable cost of living for both exes at the time of separation. The goal of spousal support is to help a lesser-earning or non-earning spouse to live comfortably, build the skills they need for a job, and then get that job to support themselves.

To achieve this, however, spousal support needs to supply enough for the supported to live comfortably while leaving the supporting spouse with enough to do the same.

Realistically Chart Cost-of-Living and Work Training to Support

To achieve those goals, your divorce mediator can help to outline what a realistic household budget and cost of living should be for both exes. A market analysis of housing costs, grocery and gas costs, and job training costs can often help the supporting staff to understand why the amount asked of them is being asked. It can also help the supported spouse see what is realistic to ask for – and that they won’t go under with a modest spousal support agreement, either.

Clarify that Child Support Always Goes First

If there are children in the picture, a divorce mediator will make sure that both spouses understand that child support agreements and funds are taken out first for the benefit of the child. Spousal support always comes after child support, no matter which parent has custody and where the children are located at the time that the spousal support becomes due.

Draft a Complete Spousal Support Agreement to Sign

Lastly, a spousal support mediator in California is there to help you draft a spousal support agreement that meets all the necessities to be in alignment with the terms you discussed as well as court-acceptable and legally binding. Simply writing down spousal support terms and signing them does not count as an obligatory document that the courts will uphold. However, your divorce mediator is a pro who can quickly draft the right alimony agreement to satisfy both spouses and make it successfully through court approval.