Temporary spousal support is determined by a similar algorithm and inputs used to determine child support. Permanent spousal support has different factors which determine the amount and cap at the marital standard of living. The issue of spousal support, the amount paid (whether it’s paid) and when it can be terminated is often of the utmost importance to our clients, regardless if they are payor or receiver of support. As with child support, experience here counts!
When determining spousal support, each party’s assets are taken into consideration. In addition, the length of the marriage plays a part, as well as the age and health of both parties and the standard of living they enjoyed together during the marriage is of consequence. Marriages lasting ten years or less will typically result in spousal support payments continuing for half the length of the marriage, while longer marriages will take other factors into account to determine how long support payments will last.
One important note is the way taxes affect spousal support in California. Tax law has changed since the Tax Cuts and Jobs Act was passed. In cases determined prior to January 1, 2019, the payor of spousal support was able to include their spousal support payments as a tax deduction, while the recipient would report the payments received as taxable income. After this date, however, spousal support payments are no longer counted as taxable income for federal income tax, and the payor may no longer enjoy the federal deduction for their payment.
Our team at SVLO understands how complicated support issues are when married parties separate. Our attorneys are well equipped with the expertise and experience necessary to represent clients on either side of a spousal support case, and we will work hard to help you achieve the best outcome possible.