SPOUSAL SUPPORT

There are two types of spousal support in cases that go before a judge–temporary support and permanent spousal support.    Both types of support come into play in a traditional divorce scenario.   In a mediated dissolution or separation,  support is handled in a less rigid manner.

Temporary Spousal Support

Temporary spousal support is set at the beginning of a case and lasts until trial or settlement of the case.   When a case is heard before a judge at the start of a dissolution case, the court orders temporary spousal support based on the income of the parties.  In most cases, the temporary support is determined by use of spousal support software programs.  Temporary spousal support is meant to preserve the status quo at the time that a couple separates.   The court will order a temporary support award based on the result rendered by the  support calculators.   These calculators return a support amount based on the net incomes of the parties at the time of separation.

Permanent Spousal Support

Permanent spousal support is set at the end of a dissolution proceeding.     The length and amount of permanent spousal support depends upon several factors, including the incomes and needs of the parties, the length of the marriage, the standard of living during the marriage, and the length of time necessary for the supported spouse to become self supporting. Efforts to become self supporting are required in most cases. A vocational expert is sometimes used to assess the skills, education, and employability of the supported spouse and help the parties fashion a fair support award, both in amount and duration. In regards to temporary and permanent spousal support you are well advised to seek the counsel of a skilled divorce lawyer to make this a fair and equitable amount, for an appropriate length of time.

Call San Jose spousal support lawyer and Los Altos divorce mediator Vivian Carlson at (408) 287-3999 or (650) 941-3940 to arrange a free consultation regarding spousal support.