Spousal Support & Property Division in California
Often times, the divorce process will begin amicably but can quickly become contentious when it comes to the division of assets and debts or in reaching an agreement about spousal support. Divorces involving multiple or high value assets are often further complicated by issues of small and large business ownership, investments, stock options, inheritance and retirement accounts.
Spousal Support / Alimony
When a married couple gets a divorce, the court may award spousal support or "alimony" to one of the spouses. The purpose of spousal support is to limit any unfair advantage a higher earning spouse may have over a non-wage-earning or lower-wage-earning spouse. However, not all cases involve an award of spousal support. The obligation of one spouse to support the other financially is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.
There are two kinds of spousal support in California: temporary and permanent. Temporary spousal support is paid by the higher-earning spouse throughout the divorce proceedings to help ensure that the lower-earning spouse is financially taken care of. As the name suggests, the payments are only temporary and will terminate once the divorce is finalized. Permanent spousal support is regular payments made by one spouse—known as the payor spouse—to the other—known as the supported spouse—for a period of time after the divorce becomes final. It is meant to help the supported spouse maintain the same financial quality of life that was established during the marriage as well as allow the supported spouse a reasonable amount of time to become self-supporting.
In California, various factors are taken into consideration when determining a spousal support include but are not limited to:
- Length of the marriage;
- Age, physical condition, and financial condition of the spouses;
- The spouses' earning abilities;
- The standard of living during marriage;
- The ability of the payor spouse to support himself/herself
- Any other factors the court deems just and equitable
Property Division
Couples going through a divorce must decide how to divide their property and debts, or ask a court to do it for them. Under California's community property laws, any assets and debts acquired during the marriage belong equally to both parties and must be divided equally. This can be true even when property is titled in one spouse’s name if it was acquired during the marriage using marital income. The courts will generally accept a fair and reasonable division of property that the parties agree to. Couples who cannot agree on a fair arrangement will need to ask the court for a decision on how to divide their property and debts.
Whether you settle your own property division issues by agreement or a court decides it for you, there are three important steps to the process:
- What property (or debt) is marital and what property belongs to a spouse separately?
- What is the value of the marital property?
- How to fairly and reasonably divide the marital property?
As you can see, California has unique spousal support and division of property laws and they can be extremely complex. For this reason, it is imperative that you hire an attorney who is experienced and knowledgeable about the intricacies of California State laws. At The Law Office of Christopher S. Biely, this is the exact type of representation and counsel that we provide to every client. We understand that every situation and couple is different. We strive to listen carefully to your goals and concerns to help you navigate your divorce with dignity, understanding, and a sense of empowerment. If this is the kind of representation you are looking for, we encourage you to contact our office today for an initial consultation.
