Spousal Support Legal Services
Spousal Support in California is not always easily obtained. It is the policy of the state of California that each party should be, or have the ability to become, self-sufficient after ending a relationship. However, there are always exceptions to every rule. The attorneys at HLS are experienced at both fighting for a client’s right to a spousal support award, and also fight against a spousal support request when the terms are clearly unfair.
Frequently Asked Questions
Why do I need to rush in getting a spousal support order?
Like child support, spousal support cannot be awarded until filed. Spousal support awards are not retroactive to the date you separate, only the date you file your request. Every month that goes by that you have not filed a request for spousal support is a month’s worth of money that cannot be recouped.
Temporary spousal support was awarded in my case; does that mean the order will become permanent once our divorce is finalized?
No. As is public policy in California, each party involved in a relationship dissolution or separation has the obligation to become financially independent over time. As such, temporary spousal support may be awarded in your case while the dissolution or separation is being finalized, but that does not mean that a permanent order will be set. There are over 23 factors that the courts look at when deciding whether a permanent spousal support order is warranted. For example, one of these factors asked the court to consider your Marital Standard of Living. At HLS we can help you anticipate whether permanent spousal support is likely to be ordered in your case.
What is a Marital Standard of Living?
Your marital standard of living relates to the lifestyle you and your spouse enjoyed during your relationship. This lifestyle accounts for the amount of funds used for travel, entertainment, dining, shopping, home size, vehicles, and also can include the amount of money used for charitable donations and savings.
How does domestic violence affect a spousal support award?
If the court finds that there has been a history of domestic violence in your relationship and this finding can be supported by evidence, there is a presumption against an award of spousal support to the accused.
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