Family Law Attorney's should know initial spousal support will be granted upon a showing of need by the moving party. The court will consider each parties income and expenses together with an explanation as to why spousal support is needed at this time. The court's have a wide discretion in setting an amount for support and the duration of support. In awarding long term spousal support the court must base its decision on the "standard of living" established during the time of marriage under Family Law Code Section 4320 where the marital standard of living is to be weighed under the circumstances set forward in that code section. A key factor is the earning capacity of each party. Is the capacity sufficient to maintain the standard of living? And the court must take into account the other factors: marketable skills, future earning ability, the extent to which the party wanting support contributed to the other parties education . . . the ability of the better earner to support the other spouse. The needs of each party and the obligations of each AND the DURATION OF THE MARRIAGE. Is this marriage over 10 years or a shorter term? If less than 10 years there is a presumption that support should be no longer than one half the length of the marriage. ALSO a Conviction of Domestic Violence can be a factor to consider: IF there was within 5 years there is a presumption an award of temporary spousal support or permanent spousal support should be made.
Need an opinion? You may call 909-884-2191 the Law Offices of Frank J. Prainito for a consultation. See us at prainitolaw.com.
SAN BERNARDINO DIVORCE ATTORNEY
