Family Law

Redwood City Divorce Attorney Discusses Spousal Support:

By Scott Sagaria

Redwood City Divorce Attorney Discusses Spousal Support:

When a married couple gets a divorce, the court may award spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. The purpose of spousal support is to limit any unfair economic effects of a divorce by providing a continuing income to a non wage earning or lower wage earning spouse.

Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support, and, if so, how much and for how long. The Uniform Marriage and Divorce Act, on which many states? spousal support statutes are cased, recommends that courts consider the following factors in making decisions about spousal support awards: the age, physical condition, emotional state, and financial condition of the former spouse; the length of time the recipient would need for education or training to become self-sufficient; the length of the marriage; and the ability of the payer spouse to support the recipient and still support himself or herself.

Spousal support is only ordered for so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end if the recipient remarries. Termination upon the payer?s death is not necessarily automatic. In cases in which the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health consideration, the court may order that further support be provided from the payer?s estate or life insurance proceeds.

If you have questions regarding spousal support, please contact us for a free consultation at 1-800-941-6730 or visit www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, and San Jose.

Full post as published by California Family Law Blog on October 06, 2008 (boomark / email).