Spousal Support in Los Angeles & Orange County
The Divorce process in Los Angeles County Superior Court or Orange County Superior Court will include a determination of whether, to what extent and the duration that any party is entitled to spousal support. Typically, this process will require disclosure of both parties’ financial information as explained under “Divorce” in addition to the factors discussed below. Spousal Support in either Los Angeles County Superior Court or Orange County Superior Court will require first and foremost a determination of the date of separation.
Date of Separation:
The date of separation is a factual determination which must be made under California Family Code Section 73 as follows:
(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed to the other spouse his or her intent to end the marriage.
(2) The conduct of the spouse is consistent with his or her intent to end the marriage.
(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
(c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152. (Cal Fam Code § 70)
The date of separation is a crucial date which is used by the Los Angeles County Superior Court or Orange County Superior Court to determine the length of the marriage. The length of marriage is again used by the Los Angeles County Superior Court or Orange County Superior Court to determine the duration of time that either spouse may be required to pay spousal support.
In most situations spousal support is ordered by the Los Angeles County Superior Court or Orange County Superior Court for a period of time which is equal to half the total amount of time that you were married and not considered legally separated as explained above. However, if you have been married for longer than ten years you may be liable for spousal support for life depending upon the factually specific circumstances of your marriage.
The amount of spousal support will depend upon the respective parties’ income, earning power or potential income and the extent to which one spouse’s efforts contributed to the success of the other spouse. If the parties were or are still working in a family business together the determination of spousal support becomes much more complex and will require a factually specific determination and most likely the use of experts including accountants and business valuation analysts. These matters are more complex than can be set forth herein.
After filing for divorce (Petition for Dissolution of Marriage) you may also request an award of temporary spousal support throughout the divorce proceedings. You may also request attorney’s fees at that time. At the hearing on temporary spousal support evidence will be presented by either party to the divorce court judge in an attempt to influence the Court’s decision to award or deny an award of temporary spousal support. If either spouse is unemployed it is likely that the unemployed spouse will be awarded some level of temporary spousal support and or attorney’s fees.
Our Approach to Spousal Support
At the Law Office of Sam Walker, we provide zealous representation in a caring individualized manner. Your attorney will be available to you directly and you will not be forced to call a secretary or paralegal with your questions. You will have direct access to the attorney who will be handling your case throughout your spousal support matter. If you have any questions your attorney will respond to your call within 24 hours.
Counties We Represent:
Los Angeles County, Orange County and surrounding.