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How is California Spousal Support Calculated
Unlike child support, only vague guidelines are established in California for spousal support. Unfortunately, broad latitude is administered by judges with varying attitudes. Different results appear in cases with similar factual situations. Generally speaking, spousal support is based on the reasonable needs of the wife as they relate to the husband's ability to pay. The factors most relevant are as follows:
Temporary spousal support is usually based solely on the respective earnings of the parties and their special needs at the moment. Although this may appear to unfairly benefit the spouse who was unemployed at the date of separation; Judges are more willing to order written proof of job contacts for the unemployed spouse if they appear to be a viable candidate for work. Also, the courts are tending to order professional assessments of a party's ability if they have not worked for substantial period of time.
Separate property is property acquired before marriage, property received after the date of separation, inheritances, and gifts. Separate property is not divided in the divorce. Debts incurred before getting married or incurred after separating are separate property debts. Spouses are required to file proof of community and separate property on a Preliminary Declaration of Disclosure.
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