Spousal maintenance, often referred to as prolonged marital support, is either mutually arranged during a settlement or decided by a judge in a courtroom proceeding. Conversely, temporary spousal support becomes obligatory at some juncture between the case's commencement and its conclusion. Anything arising from the settlement date or extending to a trial without consensus falls under the prolonged spousal support category.
In California, the foundation for extended spousal support is outlined in Family Code Section 4320. Unlike provisional support, there isn't a fixed formula for calculating long-term assistance. It is determined by considering various factors detailed in Family Code Section 4320. Although th...
Spousal maintenance, often referred to as prolonged marital support, is either mutually arranged during a settlement or decided by a judge in a courtroom proceeding. Conversely, temporary spousal support becomes obligatory at some juncture between the case's commencement and its conclusion. Anything arising from the settlement date or extending to a trial without consensus falls under the prolonged spousal support category.
In California, the foundation for extended spousal support is outlined in Family Code Section 4320. Unlike provisional support, there isn't a fixed formula for calculating long-term assistance. It is determined by considering various factors detailed in Family Code Section 4320. Although the law requires a judge to contemplate each factor, the judge has the discretion to assign varying significance to them. Achieving a balance among these factors is a nuanced process, and there is no direct method to input them into a computer program to produce a result. The law explicitly states that, during a trial, it is considered an abuse of discretion for a judge to solely rely on a computer program to dictate long-term spousal support. Instead, the judge is obligated to meticulously evaluate and assess each factor individually.
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