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Upland, CA 91786
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Factors Used to Calculate Spousal Support in Upland California

Factors Used to Calculate Spousal Support in Upland California

At the law offices of Upland CA family law lawyer Torrence L. Howell, one of the more frequent questions we get asked by clients is how much spousal support, or alimony, they can expect to receive as a part of their settlement. Unfortunately, we can’t give them a precise answer. That’s because these decisions are made on a case-by-case basis. What we can do is discuss some of the factors family law judges take into consideration when determining the rate and duration of spousal support.

How Temporary Spousal Support is Calculated

There are two types of spousal support in California: temporary and permanent. A spouse may request temporary support to maintain their accustomed lifestyle while the proceedings take place. In most instances, judges rely on a formula to determine temporary spousal support amounts.

It’s important to keep in mind that these formulas are only guidelines and the judge is free to determine whatever amount of temporary spousal support they feel is fair and appropriate.

Factors Used to Calculate Permanent Spousal Support

While a judge will generally rely on a formula to calculate temporary spousal or partner support, they use different methods to calculate their final support order. Long-term spousal support is decided on a case-by-case basis. Family court judges tend to follow the guidelines listed under California Family Code Section 4320 when determining permanent spousal support.

Under California Family Code Section 4320, the judge will consider some of the following circumstances in making his decision:

  • The duration of the marriage or domestic relationship;
  • The ability of the supporting party to pay spousal support;
  • The immediate and specific tax consequences to each party;
  • The needs of each party, based on the standard of living established during the marriage;
  • The obligations and assets, including the separate property, of each party;
  • The age and health of both parties;
  • Any history of violence against the supporting party by the supported party; and
  • The criminal conviction of an abusive spouse.

The judge can also use whatever factors they deem just and equitable when making their final decision.

How Long Will You Receive “Permanent” Spousal Support?

It’s important to remember that “permanent” spousal support will only be paid for a certain amount of time. If you were married for ten years or less, you can expect to receive spousal support for only half the time you were married. For instance, if you were married for six years, the court will probably order your former spouse to pay support for only three years. The purpose of spousal support is to provide the supported spouse with the resources they need to transition from married to single life. Different standards can be applied in marriages that lasted longer than ten years.

Get Help From a Family Law Lawyer in Upland, CA

Whether you are seeking temporary or permanent spousal support, the smart thing to do is hire a trusted family law lawyer to handle your legal matters. Torrence L. Howell is an experienced family law lawyer in Upland CA who has represented clients in Upland, Ontario, Fontana, San Antonio Heights, San Dimas, Pomona, Montclair, and other San Bernardino County communities. Torrence L. Howell understands the factors a judge takes into account when determining spousal support; he will fight to ensure you get the total spousal support to which you are due.

Contact Upland, CA family law lawyer Torrence L. Howell at (909) 920-0908 to protect your rights and interests during your divorce proceedings.

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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

-Anonymous May 23, 2018

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