Deciding whether there will be spousal support, in what amount and for how long is discretionary with the court. What this means is that there is no mandated guideline from which the court generally cannot deviate as there is in determining child support. The court may, however, be guided by the same program available to it for calculating child support in deciding interim spousal support. The factors used to determine permanent spousal support are found in Family Code, section 4320. As spousal support is discretionary with the court, it is important to know the law as it relates to the particular facts of a case. It is also important to know what options a party may have in providing evidence to the court on marketability, employability and income.
The Law Offices of Kim Marie Staron can advise you as to your rights and options on these and other family law issues. Please call for a free half-hour telephone consultation or complete the Contact Us form below.