Spousal Support

The Guideline Formula discussed under our section on child support also applies to temporary spousal support. However, unlike child support, the court has discretion to ignore the guideline amount of spousal support and order another figure it believes is more fair or better meets the parties’ collective financial needs.

Thus, the first step is to go over a Guideline Formula calculation, and see what figures and amounts are most advantageous to include in the calculation. If that calculation is not in a person’s best interests, an attorney can attempt to craft arguments for why the court should deviate from that formula. There is an infinite number of ways temporary spousal support can be handled, and it is important for each party to be aware of all the options before choosing a strategy to be argued to the court.

Each party should also be aware that spousal support is a tax write-off to the paying party and a source of taxable income for the receiving party. Thus, there are creative ways to increase the collective parties’ after-tax income and decrease each party’s tax liability.

Permanent Support

Permanent spousal support, as opposed to temporary spousal support, is the amount of support that will be paid after entry of judgment in the case. Typically, if the parties cannot amicably reach an agreement, the case is set for a settlement conference and trial. At the settlement conference, the parties meet to work out a global settlement of their case that includes property division and the amount of post-judgment spousal support, if any.

Property Division

In theory, property division law in California is extremely straightforward, but it can be very complex in application. California courts divide everything in half without considering fault or who earned more money during the marriage. Simply stated, anything acquired during the marriage using earnings salary/wages actively earned during the marriage is community property. Gifts and inheritances are the recipient’s separate property and are not divided between the parties. Ultimately, California law provides for each party to receive assets/debts with a cumulative value equal to the value of the assets/debts the other party receives. While that is what a judge would order at trial, the parties are welcome to agree to an unequal division if that is their preference or better serves their needs.

Efficient Legal Services

In short, anyone getting involved in a divorce should discuss his or her property concerns with an attorney prior to formulating a plan of action. This firm welcomes clients who can amicably resolve the property issues in their case. We encourage them to come to their first appointment with a proposal. We work hard to quickly document the settlement without letting the deal fall apart due to passage of time or changing emotions. Many property issues can be mediated for minimal cost, resulting in both parties avoiding unnecessary legal fees.