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Spousal Support
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Going through a family law case is agonizing emotionally, taxing financially, complicated, confusing, and expensive, regardless of whether you and your spouse are getting along or at each other’s throats, whether you have an attorney (or attorneys) or not, how much education you have, or how much money or how many children you have.
Among the many issues to be resolved in a divorce, courts are endowed with the greatest discretion when it comes to spousal support. How does one decide if there should be support, how much is appropriate and how long should it last?
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.
Unlike child support, only vague guidelines are established in California for spousal support. Unfortunately, broad latitude is administered by judges with varying attitudes.
No payment should either be made or taken in cash, since there will always be a disagreement later or about whether a payment was made. Such disagreements create unnecessary court hearings.
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Spousal Support
Generally, debts incurred during the marriage are community obligations. This includes credit card bills, even if the credit card is in one name only. Student loans are an important exception because they are considered separate property debts. Community property possessions and community property debts are divided equally unless both spouses agree to an unequal division in writing. If spouses can't agree on the division of debts and possessions, a judge makes that decision.
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