While some divorces are easy processes, things can become more complicated when you need to address those financial matters. Spousal support is a hot topic for many couples. In some cases, the one spouse will be required to pay for the other person during the separation. If you want to know more about spousal support during separation in California, remember these key points.
Community Property Laws
California abides by community property laws. That means all assets acquired during the marriage are considered joint property. These assets can include:
- Real estate
- Valuable possessions, such as jewelry or vehicles
As a result, both spouses have equal rights to these assets. Sometimes, the spouse may have their own separate property or money. Those assets will not be divided by the courts. However, if they have been commingled, they could be considered marital property.
Does Spousal Support Apply to These Situations?
Spousal support is separate from community property division. While community property laws establish the ownership of assets, spousal support laws address the financial responsibilities of each person during and after separation. Whether one spouse is required to support the other during separation financially depends on a few factors.
The court orders temporary spousal support to address immediate financial needs during a separation. The court considers each spouse’s income and earning capacity. Along with that, the court will examine the needs of the supported spouse. This process makes sure that both parties can maintain a reasonable standard of living during the separation process.
On the other hand, long-term spousal support may be awarded after the divorce is finalized. Once again, the court will examine a few factors to determine the support. They will examine the supported person’s marketable skills and job opportunities. Along with that, the impact of marriage on their career is also taken into account.
If the supported spouse cannot achieve a marital standard of living due to age, health, or caregiving responsibilities, the courts will often order spousal support.
Individual Circumstances Play a Role
Keep in mind that each case is unique. Your specific details can impact the outcome of spousal support proceedings. In any case, you will want to seek legal advice from a qualified family law attorney. California’s spousal support laws are complex. Without knowledgeable legal help, you may not know your required amount of spousal support.
Legal counsel will help you understand your rights and obligations. Additionally, your attorney can present a strong case to the court, taking into account the specific factors that may influence the decision on financial support during separation.
Learn More About California’s Spousal Support Laws
Understanding the obligations of spousal support during separation in California is quite complicated. You need an experienced family law attorney to guide you throughout these proceedings.
Our office in Temecula extends its services to Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, Inland Valley, and all other parts of the state. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.