Month: March 2023

Choosing the Right Divorce Process in California (2024)

Post author By Dina Haddad
Post date March 31, 2023

Choosing the Right California Divorce Process

You’ll want to choose the process that gives you the greatest chance of success. A successful process takes the least amount of time, keeps your costs down, resolves disputes, and isn’t difficult.

You have four options.

CA Divorce Litigation;
CA Divorce collaborative law;
CA Divorce mediation, and
DIY divorce, doing it on your own.

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Each process has different strengths and weaknesses; we can evaluate these pros and cons using four factors: time, cost, control, and difficulty level. But whatever process you choose, your success depends not only on the process but your commitment to the resolution.

Keep in mind, that doing your divorce on your own is the cheapest and most cost-effective CA divorce process. If you and your spouse agree and don’t have much, this makes a DIY divorce even better. Check out our program, The Complete Divorce, to get started and be done quickly. It works out to be the fastest way to get a California divorce. And, if you need help, you can work with one of our divorce mediators and save money on your divorce. If you have more complicated assets, check out our full-service divorce mediation at Families First Mediation

If you are trying to determine what process to use to divorce, here is what you need to consider:

Time:

Time is money. You want a process that gives you enough time to make the right decisions, but isn’t so long that it costs more than it’s worth. A long divorce is very expensive, can take a huge toll on you and your family, and can negatively impact your job. But you don’t want to rush through a divorce either; otherwise, you’re likely to make mistakes.

Cost:

You want to achieve the best results for the best price. This isn’t the cheapest option but the best price for your case. Litigation with attorneys is expensive and if your case is not complicated, you are spending money that can be best spent elsewhere. Working with your spouse is the least expensive but if your case is complicated, you’ll need a divorce professional or risk not finishing or making costly mistakes.

Control:

The people with control over your case make the decisions. The best process gives you and your spouse the ability to make most or all decisions and limits the influence of other professionals, like a judge.

Difficulty level:

Every process has a different procedure; some are more difficult than others. Litigation tends to be the most difficult because of the complicated legal procedures and, I believe, mediation is the easiest because you have the assistance of a divorce professional and don’t have to use the court process.

Ideally, you want the process that gives you the best results for the least amount of time and cost….In reality, your choice is limited by what your spouse is willing to do and how much money you are willing to spend. Understanding your options is important so that you pick the right process for you.

At TheCompleteDivorce, our experienced divorce attorneys can provide you with an effective and easy way to divorce in California without draining your wallet. Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

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Starting a Divorce

What is Divorce Mediation in a California?

Post author By Dina Haddad
Post date March 16, 2023

What is Divorce Mediation in California?

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Mediation:

In mediation, you and your spouse work with a mediator to complete your divorce. The divorce mediation lawyer (mediator) is a neutral party who does not represent you or give you advice but acts as a guide. Each mediator has their own style, providing a different degree of guidance and structure. A mediator may be a divorce attorney, referred to as an attorney-mediator; but, it’s not required. Non-attorney mediators are more limited in what they can do for you but cost less. Attorney-mediators can do more. They explain the impact the law may have in your case, suggest options, run support calculations, and prepare and file your final agreement with the court.

Time:

Our first factor time. Mediation typically takes 3-6 months to reach a final agreement. On average, you meet with your mediator for 3-5 sessions, with each session lasting two to three hours. You can manage your time by going to sessions prepared and ready to make an agreement. Mediation is very efficient because you are only working with one professional, and only need to schedule time between you, your spouse and the mediator.

Cost:

Second, cost. Mediators either charge per hour or offer flat fee services. The costs are directly related to the services you receive. If you are charged for costs outside of the session, you’ll see the work the mediator did for your case, like a summary letter, prepared agreement, or completed court forms. The more complicated a case, the more it will cost because the mediator needs to spend more time with you to reach an agreement

Control:

Third, control. In mediation, you and your spouse are in control, not the judge, lawyer, or even the mediator. You want to find a mediator that empowers you to make educated and informed decisions on how to resolve your case. Since you are in control, you also have the flexibility to try different options. For example, you can start with a custody timeshare for a few months. If it doesn’t work, you simply go back to mediation to try another timeshare. If you and your spouse cannot agree, you can bring in other professionals like attorneys, a financial expert or therapist, to help you resolve the impasse.

Difficulty level:

Compared to all the other processes, mediation is the easiest. It is about you and your spouse, not court deadlines, procedures, long waits and discovery. You also get professional help. The mediator guides you from start to finish. Instead of being in an uninviting and stressful courtroom, you’ll be in the mediator’s office. Scheduling should be easy; no limited court times or large teams to schedule. But mediation also has its difficulties. It requires both you and your spouse to commit to the process, be reasonable, and cooperate with one another. If you do not, mediation will not work. If it fails, then you have to leave mediation and use another process, most likely litigation.

If you remain reasonable and committed to the mediation process, you can arrive at a negotiated agreement that is fine-tuned for your case. It can even work if you have a complicated case or complicated relationship with your spouse by including protections, like consulting attorneys and therapists. Check out Families First Mediation, https://ffmediation.com, for more information, on our sister program.

At TheCompleteDivorce:

At The Complete Divorce, we provide you with what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package which includes time with a divorce mediator.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Book Strategy Session

Starting a Divorce

2024 What is Divorce Litigation in California?

Post author By Dina Haddad
Post date March 16, 2023

What is Divorce Litigation in California?

In litigation, a judge will decide your case based on the law. When you go before a judge, you must follow the court’s rules and procedures. You can actually represent yourself or have an attorney represent you. The court process is public. Documents you file in court are public records and the court hearings are open to the public.

Litigation is useful for complicated cases, uncooperative spouses, or when there is domestic violence or abuse; whether emotional, financial or physical. Outside of that, litigation isn’t as successful as the other processes.

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Time:

Litigation typically takes years. The court system is flooded with divorce cases and the public funds are not there to meet the demand. The legal procedure requires you to jump through a ton of hoops. Instead of focusing on the final agreement, which should be your goal, you often start with temporary orders, like who will use or pay for the house during the divorce, sidetracking your case. Since you don’t know the law, you might even go back and forth to court not knowing what is expected of you, resulting in your case being continued another month or two, with you still not knowing what to do for the next hearing. When you do get a hearing, you don’t get much time. Usually, less than 20 minutes with the judge. If you need more, you have to wait for an available court date. That can take a month or more!

If you use attorneys, it can be just as slow if not slower. Attorneys can only speak with each other, and then pass that information back to you and your spouse. If your spouse does not provide you or your attorney information voluntarily, like bank statements, then your attorney must conduct formal discovery. Formal discovery is the production of evidence through legal methods like subpoenas, interrogatories, and depositions to get information. This takes a significant amount of time and is expensive. That brings us to the second point, cost.

Cost:

Litigation is expensive. If you are unrepresented, you pay with your time. You have to learn the litigation process, show up to court hearings, and manage the toll it takes on other areas of your life; health, work, and relationships.

If you are represented, prepare to pay upwards of $30,000 for each attorney. And high-asset cases, don’t be surprised if your attorney’s fees exceed six figures. Attorneys charge at an hourly rate, including charges for telephone calls, voicemails, conversations to the opposing counsel, preparing letters, travel time to and from court, and any formal discovery. Your attorney has the right to ask you to put a lien on your home to pay their fees. Even if your spouse will pay some of your fees because he earns more or has more assets than you, you’ll still be responsible for covering the portion of your fees your spouse doesn’t pay.

Control:

In divorce litigation, the judge has the control, not you or your attorneys. Even though the judge gets to make the decisions, judges would rather you decide for yourselves. You’ll often see judge encouraging and even requiring couples to settle their differences outside of the courtroom with their attorneys before hearing the dispute that day.

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Difficulty Level:

Divorce litigation is the most difficult, full of contingencies and unknowns. The way the judge will rule. What the mental health professional’s report will say about your parenting ability. And whether the judge will understand that you truly are struggling with your health or job.

There are also strict rules you must follow. You must prepare your court documents correctly, submit them to the court on time, and get your evidence to the judge and your spouse in a legally acceptable way. These require time and money and it doesn’t mean you’ll get a good result.

Although litigation is the most difficult and least successful, sometimes couples choose to litigate because it’s the only real option for them. Their spouse may be unwilling to choose another process, there’s too much conflict between them, or they have a complicated issue, with two very different set of facts or unclear law. Litigation can also be appropriate when there is domestic violence or financial abuse. An abused spouse is more likely to have difficulty negotiating without help. An attorney can help protect that spouse’s interests in court. But it’s important for anyone in an abusive situation to be careful. The litigation process can cause additional stress and harm because it is confrontational in nature.

More often, a spouse uses litigation improperly. A spouse threatens to go to court if the other person won’t do it his or her way. These kinds of threats make a bad situation worse and really hurts both people, fueling a bitter divorce battle.

At the outset, it is always better to commit to the negotiation process without threats to go to court. And if negotiations fails and you did your best, then consider litigation.

If you find yourself litigating, keep in mind the difficulties so you can avoid them as best you can. Even if you are litigating, you can still avoid court by negotiating a settlement, just like the judge could advise on the day of your hearing. But don’t wait. You can be a powerful tool to reaching a negotiated settlement, and that will save you time, money, and give you some control back.

At TheCompleteDivorce:

At TheCompleteDivorce, we provide you with what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package which includes time with a divorce mediator.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Starting a Divorce

2024 Collaborative Law in California divorce

Post author By Dina Haddad
Post date March 16, 2023

Collaborative Law

Our next process is collaborative law or collaborative practice. You and your spouse, a mental health professional, a financial expert, and two attorneys, one for each of you, work together to reach an agreement using a “team approach”. The spouses and attorneys agree not to use any formal court procedures, like a judge, hearings, trials, or formal discovery. Communication between the couple and attorneys is more open. Your attorney can speak directly to your spouse, instead of just your attorney. And, unlike the public court process, collaborative is confidential. Collaborative law is used when couples mostly get along but would like the help of additional professionals to reach an agreement. Successful collaborative typically costs less and can be faster than litigation.

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Time:

First, time. The amount of time to reach a final agreement depends on your team’s efficiency. Unlike litigation, you’re not bound by court deadlines or procedures. You have the freedom to exchange information, schedule meetings with the team, and move toward agreements on your time table. The important part is to have a team that works well together so they can help you resolve conflict.

Cost:

Second, cost. Collaborative law tends to be less expensive than litigation but more costly than mediation. You save money because you’re not using the complicated litigation process, but the cost of two lawyers, a mental health professional and a financial expert adds up. There’s also a huge risk in collaborative law. If unsuccessful, your attorney cannot represent you in court and must withdraw by law because of the confidentiality of the collaborative meetings. You’ll have to hire a new attorney to litigate. This will cost you more time and money.

Control:

Third factor, control. In collaborative, the team has the control. They work together to help you and your spouse reach an agreement. However, the control can easily be lost if the team doesn’t work well together. If one attorney has more say than another team member, that attorney’s influence on decisions could be greater than the team’s. If that’s not your attorney, you can be at risk.

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Difficulty Level:

Fortunately, many collaborative law attorneys have close working relationships with each other, working well together. This makes it easier for you because the team is unified and interested in your success. Collaborative is also more informal. You don’t have to follow court rules and procedures. However, collaborative becomes difficult when there is a disagreement. Since you cannot use the judge to resolve disputes, if the professionals on your team can’t agree, you could get stuck.

At TheCompleteDivorce:

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Need more? Check out our full-service divorce mediation services, Families First Mediation, ffmediation.com

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Starting a Divorce

TOP 4 MAJOR THINGS FOR A DO-IT-YOURSELF DIVORCE in California

Post author By Dina Haddad
Post date March 16, 2023

Top 4 major things for a Do-It-Yourself Divorce

Many couples can finish their CA divorce without any professional attorney’s help, even the help of a mediator. In that case, the last process, “Do-It-Yourself Divorce California”, where spouses work directly with each other works well.

When you work directly with your spouse, you do not need to go to court hearings or before a judge. You can be very successful as long as you have the right resources to work through the divorce steps and resolve difficult disputes.

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Time:

The amount of time it takes depends on how much time you dedicate to finishing your divorce. You’ll need some time to learn about the divorce process and your legal rights, plus the time to reach an agreement and file the right paperwork. You save a lot of time because you can focus on the actual issues needed to finish your divorce; instead of lengthy hearings for temporary issues. But the key with this approach is discipline, so you finish in a short few months. If you are not, it can take years to finish.

Cost:

Working directly with your spouse is the most affordable of all the processes, especially when it is compared to hiring attorneys or a collaborative team. Your costs will be for the instructional materials, court fees, any document preparation services you use, and duplicate copies. You might also pay a legal professional, like a lawyer or mediator, to review your agreement. This might cost several hundred to a few thousand dollars.

Control:

In this process, control is determined by your relationship with your spouse. If you and your spouse are both able to value each other’s opinions and beliefs, both of you’ll be in control. Sharing control is the only way to achieve a successful result. If one is overbearing and intimidating, that spouse will have all the control, and make self-serving decisions. The other risks losing many legal rights, and might be pushed to use another process, like litigation. This uncertainty makes this process risky. You could end up without a final agreement, further complicate your relationship with your spouse, and ultimately have to restart your divorce.

Difficulty Level:

The difficulty depends on your ability to learn the divorce process and communicate with your spouse. With the right divorce resources, it’s very possible. You’ll learn which forms to file, where to file them, and how to prepare a final agreement. You can file online divorce without lawyer in California. You might ask a legal professional to review your completed forms and agreements to make sure you have done them correctly. You’ll also need to learn the laws that apply to your case. The more complicated your case, the more you’ll need to know. You’ll then need to successfully communicate what you learned to your spouse to reach an agreement. This can be difficult for couples that do not trust each other.

Working with your spouse can be very successful. It is cost-effective and keeps you in control. If you have an uncomplicated case and a good working relationship with your spouse, working directly with your spouse may be an easy choice.

Considering Divorce Without Mediator?

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At TheCompleteDivorce:

At TheCompleteDivorce, we provide you with what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package which includes time with a divorce mediator.

Before you go, could you please consider if we can help you? We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star! Visit https://thecompletedivorce.com/pricing for our cheap online divorce packages.

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DIVORCE OPTIONS IN CALIFORNIA

Post author By Dina Haddad
Post date March 16, 2023

DIVORCE OPTIONS IN CALIFORNIA

Divorce is unchartered territory. It’s a complicated and unfamiliar legal process that deals with very personal issues. You want to get it right, but if you don’t know what you are doing, it’ll take you longer, cost you more, and you can’t guarantee you’ll get a good result.

Don’t get stuck in your California divorce. We offer the best DIY guided California divorce in California with our top divorce mediators

Our goal is for you to get a Divorce Decree, known as a Dissolution of Judgment from the court, The divorce judgment has two purposes:

First, it’s your official divorce papers stating that you are divorced.
Second, it has your final divorce orders. Typically, these are the agreements you made with your spouse and are legally enforceable

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You can get your divorce judgment by:

reaching an agreement with your spouse, or
having a trial. Your best option is to reach an agreement. When you do, you and your spouse are more likely to follow it because you created the orders. Negotiated agreements also take the least amount of time and money.

Although reaching an agreement is ideal, sometimes it’s not possible. In that case, you’ll need a trial on any areas you disagree with your spouse. Trials are complicated, time consuming, expensive and unpredictable, so you want to do your best to avoid it. The judge can rule your way, but can also choose to do something other than what either you or your spouse wanted. And the judge’s rulings become your divorce judgment and orders you must follow.

If your spouse is refusing to participate at all, you can still get a divorce. Instead of submitting a divorce agreement to the court, you submit a divorce proposal to the judge (default divorce). Your proposal must follow the law. If approved, it will become your divorce judgment.

Whether by agreement, trial or proposal, getting your divorce judgment is the ultimate goal, but the last step.

At TheCompleteDivorce:

We provide you what you need to successfully do your California divorce on your own. We provide all the required family law court forms in our automated forms program, all the video tutorials, and an automated customizable Marital Settlement Agreement (Divorce Agreement). If you need more help, you can get our package that includes time with a divorce mediator.

Before you go, consider if we can help you. We have helped thousands of couples in California. Our guided DIY divorce is successful and cheap! Our services are all 5-star!

Need more? Check out our full-service divorce mediation services, Families First Mediation, ffmediation.com.

Spousal Support

Calculating Temporary Spousal Support in California (2024)

Post author By Dina Haddad
Post date March 15, 2023

Temporary Spousal Support in California

If you are entitled to Spousal Support in California Divorce, you can receive temporary spousal support once you file for divorce. Temporary support is meant to help the lower earner temporarily pay expenses while divorcing.

Calculating Temporary Spousal Support: Factors, Tools, and Guidance:

The temporary spousal support amount is based on the lower earner’s need and the higher earner’s ability to pay. Most judges use support calculators to figure out the amount, such as their county’s approved computer software programs like DissoMaster. You can also use the free support calculator at the Department of Child Support Services website.

At the bottom of the input screen of the free calculator, there’s a very small box to check for temporary spousal support. The explanation of how to complete the calculator is in our course “Support Calculator”.

Division of Temporary Spousal Support: Exploring Allocations and Options:

After temporary spousal support is paid, it usually results in the higher earner receiving about 60% of the net family income and the lower earner receiving 40%. The net family income is both spouses’ combined income after taxes and adjustments. This does not include child support. If you need temporary spousal support while divorcing, you can get it by reaching an agreement with your spouse or by going to court.

By agreement, use one of the approved calculators or negotiate another amount that you believe is fair. The 60/40 split is more complicated than using your take-home pay. So if you trying to figure it out without a calculator, you can use the budget you put together on page 3 of your Income and Expense Declaration, FL-150, to show your needs. You can also watch our Support Calculator video for guidance.

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Empowering Your California Divorce Journey with The Complete Divorce:

At TheCompleteDivorce, we provide you with everything you require to navigate your California divorce independently and efficiently, all online. Our comprehensive services encompass all the necessary family law court forms available through our automated forms program, complemented by instructive video tutorials. Additionally, we offer an automated customizable Marital Settlement Agreement (Divorce Agreement) to simplify the process.

If you find yourself in need of more extensive assistance, our package also includes dedicated time with an online spousal support attorney and a divorce mediator.

Before making your decision, take a moment to explore the possibility of our support. Thousands of couples in California have benefited from our services. Our guided DIY divorce approach is both effective and budget-friendly. Our exceptional services consistently receive 5-star ratings, reflecting the satisfaction of our clients.

Spousal Support

Mastering Spousal Support Options: Your Ultimate Guide to Divorce Agreements

Post author By Dina Haddad
Post date March 15, 2023

Spousal Support Options in California

Whether you want to support or not, you must address spousal support for both of you in the divorce agreement. You have four options; you can receive support; you can waive support; you can reserve the issue for later; or you can do a buy-out. Whichever option you choose, it might not be the same option as your spouse.

Receiving Support: Ensure Clarity in Your Agreement

The first option is to receive support. If you are going to receive support, make sure to include details in your agreement; the exact amount, the time it will be paid, whether the support amount will change over time, and when support will end.

Waiving Spousal Support: Irrevocable Choice

The second option is to waive spousal support. If you waive spousal support, you can never receive spousal support from your spouse no matter how bad your financial situation. The waiver is final and permanent. Make sure the waiver is written clearly in your agreement.

Reserving Jurisdiction: Flexibility for Future Needs

The third option is to reserve the court’s jurisdiction, or power, to award spousal support to you in the future. You might choose this option if you decide not to receive support, but you want the right to request it in the future should your situation change. This doesn’t mean you’ll get support, but only that you have the right to ask for it later, unlike with a waiver of support. You may want to include a date when this option expires and your spouse can no longer request support.

Buy-Out Option: Lump Sum Solution

The final option is a buy-out. Instead of having support paid over time, the supporting spouse pays the supported spouse the value of support in a lump payment. This becomes part of the asset division and is non-taxable. In exchange, both parties waive spousal support. The buy-out offers finality but requires you to have the money available to pay it. The buy-out is only available by agreement. The judge cannot order a buy-out.

Navigating the Buy-Out’s Risk:

A buy-out is very risky. You must assume the amount of support and length of time it will be paid, but you can’t know for sure if you’ll keep your job, get a better-paying job, or if the supported spouse will remarry.

Negotiation Strategies: Transforming Conflict into Resolution

You can better protect yourself by converting these risks to a dollar amount, either to increase or decrease the buy-out amount. It still doesn’t guarantee the right amount but might get the buyout to a more realistic number. If this option is of interest to you, this is definitely a situation to speak with a divorce professional to walk you through the pros and cons as it applies to your case.

Negotiating spousal support can lead to a number of conflicts. It forces couples to deal with issues like how much each spouse should be earning or spending. If money was an issue while married, the spousal support conversation makes it worse. If you want to avoid a fight, be creative. Don’t focus just on how much is paid or for how long. Look for ways to address both of your concerns, whether it’s to include review periods, caps on total support paid, step-downs, a plan for the supported spouse to become self-supporting, or address retirement concerns. Including these details will reduce conflict, provide you with more certainty, and guide any future discussions.

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Spousal Support

Navigating Spousal Support (Alimony) Basics

Post author By Dina Haddad
Post date March 15, 2023

Spousal Support (Alimony) Basics for California Residents

Spousal Alimony, also known as spousal support, is a challenging topic that can create friction between you and your spouse. The allocation of resources may seem uneven, but there’s an opportunity to shift this perspective. By incorporating comprehensive elements into your negotiations, like the duration of support, potential adjustments to the support amount, and the eventual conclusion of payments, you can transform this complex discussion. Successfully doing so increases your likelihood of achieving an alimony agreement that aligns with your requirements and alleviates stress between both parties.

Short vs. Long-Term Marriages: Decoding Spousal Support Rules

The premise for spousal support is that the lower earner, the supported spouse, doesn’t have the same ability to maintain his or her lifestyle as well as the higher earner, the supporting spouse. In order to maintain that lifestyle or even just to be able to pay expenses, the lower earner will need the financial support of the other spouse. The longer a couple is married, the longer the lower earner can receive support.

Short-term Spousal Marriage:

If your marriage is less than 10 years long, referred to as a short-term marriage, spousal support is paid for half the length of the marriage, except in very unusual circumstances. The marriage is calculated from the date of marriage to the date of separation. For example, if the couple was married for 7 years, the supported spouse would receive three and a half years in spousal support. After support is paid for that time, spousal support terminates, that is, you can no longer get spousal support from your spouse.

Long-term Spousal Marriage:

For marriages that are 10 years or longer, referred to as long-term marriages, the judge is not allowed to terminate spousal support with the final divorce. But, after the divorce is final, the supporting spouse can go back to court to request that it be terminated. To be successful, the spouse will need a valid reason like the supported spouse hasn’t made any efforts to be self-supporting, or he’s now retired and doesn’t have the ability to continue paying support.

Even if you have a long-term marriage, you don’t have to wait. If you both agree to put in a date for termination from now, you can include that in your divorce agreement. You want to be careful in doing so since it’s not required and you cannot predict the future. If you have a short-term marriage, you can also agree to a different length of time, other than half the length of your marriage. Whether you have a short or long-term marriage, all support orders automatically terminate if the supported spouse remarries or if either of the spouses dies.

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Unveiling Income’s Impact: Spousal Support(Alimony) Calculations

The Alimony of spousal support depends on a number of issues, the most important being the amount of income each person earns.

Income is broadly defined. It includes all kinds of income such as salary, bonuses, commissions, employee benefits, and investment income. It even includes non-cash benefits like an employee car, parking reimbursement, or cell phone. If either party’s income is less than what he or she could earn, the court can look at that spouse’s ability to earn income, not just what the spouse is actually earning. If the earning potential is more than actual income, the judge can use the spouse’s earning potential instead of actual income, referred to as imputed income.

Spousal support (alimony) is paid monthly on regular or recurring income, like salary, usually one-half on the first and one-half on the 15th of the month to correspond with pay periods. For irregular income, income that fluctuates either by time or amount, a percentage of the irregular income is paid in support when the income is received, referred to as additional spousal alimony or bonus pay. There’s no rule as to when it has to be paid. You can agree that it’s paid within 30 days, quarterly, semi-annually, or annually.

If you are required to pay spousal support, it’s also very important that you do not pay your spouse in cash. It will be hard to prove that you paid your spouse, which you might have to do if your spouse later alleges you didn’t pay or you have to prove the support was paid for an audit. Use a trackable method like check or direct deposit.

Empower Your DIY California Divorce with The Complete Divorce

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Automated Forms and Video Tutorials: Access a comprehensive library of necessary family law court forms through our automated platform. Accompanied by insightful video tutorials, you’ll be expertly guided through each step, leaving no room for uncertainty.

Customized Marital Settlement Agreement:

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Expert Support When Needed:

Our package includes dedicated time with a divorce mediator, providing the assistance you require. Whether it’s guidance, clarification, or reassurance, our experts are by your side throughout the process.

Proven Success Record:

Before making your decision, take into account our extensive track record of assisting thousands of couples across California. Our guided DIY divorce approach is both triumphant and cost-effective, guaranteeing a smooth transition.

Consider our amazing 5-star reputation for elevating your divorce experience. Set off on your DIY divorce journey with confidence, knowing that The Complete Divorce will be there for you every step of the way.

Spousal Support

2024 Permanent Spousal Support

Post author By Dina Haddad
Post date March 15, 2023

Permanent Spousal Support

Permanent spousal support starts when you finish your divorce. Permanent support doesn’t mean support will be paid forever, but it’s the spousal support order in your divorce agreement. The purpose of permanent support is different from temporary support. Permanent support is paid so the lower earner can maintain the standard of living the spouse had during marriage, or as close to it as possible. The marital standard of living, referred to as the MSOL, is the lifestyle a couple

enjoyed during the marriage.

The Marital Standard of Living:

MSOL is more than just how much the couple spent their money on basic needs, like gas, groceries, housing, and clothing. It also includes how much was spent

on eating out, savings, and travel. After divorce, both spouses have a right to continue enjoying that lifestyle.

But it’s nearly impossible for both spouses to continue living at that standard because many expenses, like rent, insurance, internet, and utilities, double. As a result, permanent spousal support is typically less than the MSOL, but still more support than what would cover the supported spouse’s basic needs.

How Much Support?

Since permanent support is about your standard of living, the judge is not allowed to use support software as with temporary spousal support to figure out the permanent amount. Instead, the judge must carefully consider Family Code Section 4320. This code section lists all the circumstances that are important to figuring out permanent support including how much the parties earn; their standard of living; their age; their health; and whether they could both work. Although this information is helpful, because there’s no formula, you can arrive at a different support amount in the same case. This makes permanent far more subjective than

temporary support.

Using Calculator with Permanent Support:

Even though there’s no formula for permanent support, and the judge cannot use a support calculator, you can simplify the process for yourself and use the support calculator for guidance. It’s very common for divorce professionals to use temporary spousal support calculators as a starting point. The calculators provide tax information, net income, and other useful information. Once you have the temporary number, then analyze the factors in Section 4320 carefully to negotiate whether the temporary number should change. Except in unusual circumstances, permanent support is similar to the temporary support number. There is some case law that suggests it should be less, but that is often dependent on the 4320 factors and how much time has passed from the date of separation.

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