| Unlike child support, at least in California, awarding | | | | spouse still has to eat! |
| permanent spousal support requires review of many | | | | 4) The "earning capacity" of both parties: If both |
| different factors in any judicial proceeding such as | | | | have the capacity to work in any specified field, the |
| the following: | | | | court will take in such skills into consideration when |
| 1) Length of the Marriage: This is extremely | | | | determining a reasonable support amount. |
| important especially if the parties have a long term | | | | 5) Minor children residing in the home: The court will |
| marriage (10 years or longer). Any marriage under 10 | | | | also determine who is taking care of the minor |
| years the duration of support is generally 1/2 the | | | | children and how long the minor children will remain in |
| length of the marriage. Therefore if a marriage lasts | | | | the home as minors. |
| 5 years the general rule is the party receiving support | | | | 6) Standard of living during the marriage: The court |
| will receive the specified amount for 2.5 years. | | | | generally will review how they lived during the |
| Whereas for a marriage over 10 years the receiving | | | | marriage to determine how to determine the support |
| party can receive support for a "reasonable' amount | | | | level. |
| of time. | | | | 7) History of domestic violence: There is a |
| 2) Financial need of the spouse requesting support: | | | | presumption against awarding payments to anyone |
| Often one spouse was not working while the other | | | | convicted of domestic violence AND a presumption |
| worked the entire marriage. Obviously the non | | | | for awarding support to the abused Spouse. |
| working spouse will need financial assistance. This is | | | | In some cases, the parties decide amongst |
| also obvious where there is a very high bread winner | | | | themselves how much spousal support shall be paid |
| (150,000) and the other earns $40,000. Here the | | | | which is also good! |
| courts will level out the disparity in incomes. | | | | It's important to note that in many cases involving |
| 3) The ability to make payments: This also becomes | | | | temporary support, the courts generally use the |
| important especially when the paying spouse has to | | | | famous "DissoMaster" calculation program which is |
| pay spousal support payments, child support | | | | generally higher than any permanent support figures |
| payments and household expenses. The paying | | | | that take into account the above factors. |