Unlike child support, spousal support is not calculated with the use of an algorithm. Instead, the Court analyzes a number of factors under Family Code §4320 to determine the appropriate amount of spousal support to be ordered after a divorce, including:
If a couple is married for less than 10 years, the court will order spousal support for no more that ½ the duration of the marriage. However, if the couple was married for more than 10 years, spousal support may be ordered longer than ½ the term of the marriage, and depending on the parties’ circumstances may continue until the death of either party, remarriage of the supported spouse, or further court order.
If spousal support is appropriate, parties may instead, through counsel, enter into an agreement for a lump sum one-time spousal support payment. The lump sum payment eliminates the need for an on-going monthly obligation of paying support (or waiting for payment of support) when parties can agree to set amount to be paid.
As you can imagine, the amount of spousal support is entirely within the discretion of the Court based on numerous factors. It may be in the best interests of the parties to attempt to negotiate spousal support to the satisfaction of both parties.
If you are going through a divorce, do not hesitate to contact Counts Law Firm. Emahn Counts is an experienced Los Angeles family law attorney who has years of experience in handling all types of spousal support matters. Emahn Counts will work with you to develop a strategic plan, and then maximize value on your behalf.