What to know about Family Code 4320 before you seek spousal support in Sherman Oaks, California
A spousal support claim can change the dynamics of a divorce well before the terms of the final settlement are settled. If you are getting divorced in Sherman Oaks or elsewhere in the San Fernando Valley, you probably already know that one spouse will likely need support from the other. But determining if, and how much, spousal support is appropriate can take time and effort.
Financial Considerations
California Family Code 4320 (more info here) is the provision that governs a request for long-term spousal support. Being aware of these factors in advance can help you and your spouse be prepared to address them as quickly as possible.
Long-term spousal support is not calculated based on a single income stream. Instead, the court will consider the financial circumstances of both parties, such as their potential income, available assets, and expenses, as well as the standard of living the couple established during their marriage.
If one spouse has significantly lower income than the other, there may be a clear need for support. But the court will also consider the paying spouse’s ability to contribute. The judge may evaluate whether either spouse has the background, experience, skills, and/or opportunity to increase their income.
Some questions the court may consider include:
- Current and potential income from all sources
- Monthly expenses and liabilities
- Health status and ability to work
- Custody and childcare arrangements
- Whether one spouse helped the other obtain education or training
- The amount and value of community property remaining after the divorce
In Sherman Oaks, living costs are an important consideration. The cost of housing, utilities, groceries, transportation, and other expenses, as well as the cost of providing for your children, can all be part of the marital standard of living.
Marriage Duration
The length of the marriage is among the factors considered under Family Code 4320. In some cases, the length of the marriage may impact the court’s determination of the amount and duration of support. However, this doesn’t mean a short marriage always results in minimal or no spousal support, or that a long marriage always results in permanent payments.
For example, if one spouse left the workforce to care for the couple’s children, manage the home, and support the other spouse’s career, they may need time and money to rebuild their own financial stability. Before you file, you might benefit from setting aside half an hour to write out a household budget reflecting your current situation. This exercise may highlight important details you wouldn’t think of when you’re focused on the emotional issues in your divorce; the practical side of family law attorney Sherman Oaks starts there.
Income Beyond Wages
A judge evaluating your request for spousal support may look at how much you could earn, not just how much you currently earn. This is a complicated issue if you don’t currently have a job or if you work part-time or own a small business. It’s also complicated if you haven’t worked in a field for which you were trained for several years.
However, the court won’t base a decision on a theoretical income level. A person who was out of the workforce for many years may need additional training, a new license, or time to find a suitable position. Local labor market conditions in the greater Los Angeles area may limit the type of work available.
What you need to determine is whether a proposed income level is achievable or simply wishful thinking.
Conduct and Documentation
Other provisions of Family Code 4320 focus on the hardship experienced by each party and the potential tax implications. The age and health of each spouse may also factor in. Evidence of domestic violence may be relevant.
Fault in the marriage – check more at https://lao.ca.gov/ballot/2010/100408.aspx, generally not a basis for awarding spousal support, but financial behavior can be. If one spouse has hidden assets, run up debt, or otherwise behaved financially inappropriately, that behavior may come into play.
To help establish an accurate assessment of income and expenses, you should collect all financial records, including bank statements, tax returns, pay stubs, credit card statements, and documentation of your regular monthly expenditures.
Preparing Your Request
When each party knows the financial situation, you’ll be better equipped to discuss and negotiate the spousal support request. Review your financial records and list your current income, expenses, and assets. Decide whether you’ll need temporary support pending the finalization of your divorce.
Ghazi Law Group,
(818) 839-6644
A family law attorney can advise you on how the provisions of Family Code 4320 apply to your Sherman Oaks divorce. To get started, assemble a list of your income, expenses, and assets before you submit a petition for spousal support.
