{"id":6481,"date":"2023-01-23T14:48:12","date_gmt":"2023-01-23T14:48:12","guid":{"rendered":"https:\/\/www.atownlaw.com\/?p=6481"},"modified":"2023-06-02T14:32:57","modified_gmt":"2023-06-02T14:32:57","slug":"education-and-spousal-support","status":"publish","type":"post","link":"https:\/\/www.atownlaw.com\/blog\/education-and-spousal-support\/","title":{"rendered":"How Does Education Affect Spousal Support?"},"content":{"rendered":"<h2><b><\/b><a href=\"https:\/\/www.youtube.com\/watch?v=8A9cLeVSLQI\" target=\"_blank\" rel=\"noopener\"><img fetchpriority=\"high\" decoding=\"async\" class=\"alignnone wp-image-6483\" src=\"https:\/\/www.atownlaw.com\/wp-content\/uploads\/2023\/01\/Screenshot-2023-03-10-071914-300x156.png\" alt=\"how does education affect spousal support\" width=\"710\" height=\"369\" srcset=\"https:\/\/www.atownlaw.com\/wp-content\/uploads\/2023\/01\/Screenshot-2023-03-10-071914-300x156.png 300w, https:\/\/www.atownlaw.com\/wp-content\/uploads\/2023\/01\/Screenshot-2023-03-10-071914-1024x534.png 1024w, https:\/\/www.atownlaw.com\/wp-content\/uploads\/2023\/01\/Screenshot-2023-03-10-071914-768x400.png 768w, https:\/\/www.atownlaw.com\/wp-content\/uploads\/2023\/01\/Screenshot-2023-03-10-071914.png 1282w\" sizes=\"(max-width: 710px) 100vw, 710px\" \/><\/a><\/h2>\n<h2><b>Know how higher education affects the divorce procedure.\u00a0<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Education is an essential factor in many aspects of life, including marriage and divorce. In the United States, higher education can significantly impact the outcome of a divorce. This article will explore how education affects spousal support and divorce proceedings. We will also discuss how the family law<\/span><a href=\"https:\/\/www.atownlaw.com\/\"><span style=\"font-weight: 400;\"> attorneys<\/span><\/a><span style=\"font-weight: 400;\"> at 805 Law Group can help those facing a divorce in San Luis Obispo and Atascadero, CA.<\/span><\/p>\n<h2><b>What is Spousal Support?<\/b><\/h2>\n<p>Spousal support, also known as alimony, is a <strong>court-ordered payment from one spouse to the other<\/strong> during or after a divorce. <span style=\"font-weight: 400;\">In California, spousal support is determined by various factors, including the length of the marriage, the income of each spouse, and the standard of living established during the marriage. If you are considering filing for divorce or have questions about spousal support in California, contact 805 Law Group for an appointment with our divorce attorney.<\/span><\/p>\n<h2><b>What are the Different Types of Spousal Support in California (CA)?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">In California, there are <\/span><a href=\"https:\/\/selfhelp.courts.ca.gov\/spousal-support#:~:text=There%20are%20two%20types%20of,as%20you%20file%20the%20case.&amp;text=Long%2Dterm%20spousal%20support%3A%20Support,example%2C%20in%20a%20Judgment).\"><span style=\"font-weight: 400;\">two types of spousal support<\/span><\/a><span style=\"font-weight: 400;\">: temporary and permanent. <\/span><b>Temporary spousal support<\/b><span style=\"font-weight: 400;\"> is designed to provide financial assistance to a spouse during the divorce. It is usually awarded on a short-term basis and based on the receiving spouse&#8217;s needs.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">On the other hand, <\/span><b>permanent spousal support <\/b><span style=\"font-weight: 400;\">is designed to provide long-term financial assistance to a spouse after the divorce is finalized. This type of support is typically based on the length of the marriage, the earning capacity of each spouse, and other factors.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Hence, you must understand your rights and obligations regarding spousal support in California. The <\/span><a href=\"https:\/\/www.atownlaw.com\/family-law\/\"><span style=\"font-weight: 400;\">family law<\/span><\/a><span style=\"font-weight: 400;\"> attorneys at 805 Law Group can help you navigate the complexities of spousal support and ensure that you receive a fair outcome. Contact us today to book an appointment with our family law attorney.<\/span><\/p>\n<h2><b>How Does a Judge Determine Long-Term Spousal Support in CA?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">When determining long-term spousal support in California, the court will consider the following factors:\u00a0<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The earning capacity of each party:<\/b><span style=\"font-weight: 400;\"> This includes their education, job skills, and the job market.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The needs of each party:<\/b><span style=\"font-weight: 400;\"> This includes basic needs such as food, clothing, and shelter.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The obligations and assets of each party:<\/b><span style=\"font-weight: 400;\"> This includes any income or property that either party has acquired during the marriage and any debts that either party has incurred.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The duration of the marriage:<\/b><span style=\"font-weight: 400;\"> This includes how long the couple was married and whether or not they had children together.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The standard of living established during the marriage:<\/b><span style=\"font-weight: 400;\"> This includes how much money was spent on housing, food, entertainment, and other expenses during the marriage.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>The tax consequences of spousal support:<\/b><span style=\"font-weight: 400;\"> In California, you must <\/span><a href=\"https:\/\/www.ftb.ca.gov\/file\/personal\/income-types\/alimony.html#:~:text=Spousal%20support&amp;text=In%20California%3A,income%20on%20your%20California%20return.\"><span style=\"font-weight: 400;\">declare alimony payments as income on your state return<\/span><\/a><span style=\"font-weight: 400;\"> if you are receiving them. If you are paying alimony to a former spouse, you can subtract it from your income on your California return.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The court will also consider other relevant factors when determining spousal support in California. Understanding all of these factors is necessary when considering a spousal support agreement. If you need help understanding your rights and obligations regarding spousal support in California, contact 805 Law Group today for an appointment.<\/span><\/p>\n<h2><b>How Does Education Affect Spousal Support in CA?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Higher education can affect spousal support in California. <\/span><b>Generally, the more education a spouse has, the more likely they are to be able to support themselves financially and thus be less reliant on spousal support. <\/b><span style=\"font-weight: 400;\">Additionally, the court may consider a spouse&#8217;s earning potential when determining the amount of spousal support to be paid. If one spouse has a higher level of education, they may be able to obtain more money and thus be able to settle more in spousal support.<\/span><\/p>\n<h2><b>Can a Higher Education be Considered a Valuable Asset in a California Divorce?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Higher education or any professional license earned throughout a marriage is highly valued in California. The state acknowledges the effort and dedication both spouses must put in to pursue higher education or professional licensing, especially when one partner gives up their job for it. That is considered when determining the division of assets in a divorce.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Many believe the problem is not only about the financial expenses of getting an education or professional license. There could be an unequal share of household duties, such as taking care of a child or children, and the partner who is shouldering more of the load may inquire about how this will affect the division of assets and spousal or child support.<\/span><\/p>\n<h2><b>How Can a Higher Education be a Valuable Asset in a California Divorce?\u00a0<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">In California, when a couple is married, any money spent on education or professional licensing is considered part of the &#8216;community estate&#8217; and must be reimbursed to the community by the person who received the degree or license. This includes hard costs such as tuition, books, fees, room and board, and study materials for professional licensing. Any other expenses directly related to the education or license are included. This will ensure both parties are fairly treated regarding the division of assets.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In California, spouses are not legally entitled to a share of any increased income that may be earned due to an education or professional license obtained during the marriage.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you are going through a divorce and your spouse has obtained a higher education or professional license during your marriage, or if you have questions relating to <\/span><a href=\"https:\/\/www.atownlaw.com\/division-of-property\/\"><span style=\"font-weight: 400;\">property division<\/span><\/a><span style=\"font-weight: 400;\">, 805 Law Group is here to help. Our team is committed to providing you with the best legal advice and support to protect your rights. We understand this is a difficult time, and we are here to help you overcome it. Give us a call now to schedule an appointment.<\/span><\/p>\n<h2><b>Who Pays Spousal Support in California?<\/b><\/h2>\n<p><b>In California, spousal support is not based on gender. Either partner can ask for it.<\/b><span style=\"font-weight: 400;\"> If one partner requires financial assistance and the other can provide it, the court will order the higher-earning spouse to give alimony to the lower-earning spouse, regardless of gender.<\/span><\/p>\n<h2><b>How Long Does Alimony Last in California?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Other than the fact that temporary alimony ceases when the divorce is finalized, <\/span><b>there is no definite regulation in California regarding how long spousal support will last. <\/b><span style=\"font-weight: 400;\">However, when granting long-term alimony, judges must consider the objective that the recipient should be able to self-support within a reasonable period.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The law also states that a reasonable amount of time for alimony is usually half the length of the marriage. For example, if a couple was married for eight years, the alimony would typically last four years. However, judges may opt to order spousal support for a shorter or longer period than that, depending on the individual situation. (<\/span><a href=\"https:\/\/leginfo.legislature.ca.gov\/faces\/codes_displaySection.xhtml?sectionNum=4320.&amp;lawCode=FAM\"><span style=\"font-weight: 400;\">Cal. Fam. Code \u00a7 4320(l) (2022)<\/span><\/a><span style=\"font-weight: 400;\">.)<\/span><\/p>\n<p><span style=\"font-weight: 400;\">No matter when the court order states that spousal support should end, it will cease when either the recipient or the payor spouse dies or if the recipient remarries. However, couples can decide on any other date for the termination of alimony in their settlement agreement. (<\/span><a href=\"https:\/\/leginfo.legislature.ca.gov\/faces\/codes_displaySection.xhtml?sectionNum=4337.&amp;lawCode=FAM\"><span style=\"font-weight: 400;\">Cal. Fam. Code \u00a7\u00a7 4335, 4337 (2022)<\/span><\/a><span style=\"font-weight: 400;\">.)<\/span><\/p>\n<h2><b>Call Our Experienced San Luis Obispo and Atascadero Divorce Attorneys Now!\u00a0<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">If you are <\/span><a href=\"https:\/\/www.atownlaw.com\/family-law\/divorce\/\"><span style=\"font-weight: 400;\">considering divorce<\/span><\/a><span style=\"font-weight: 400;\">, it is imperative to seek advice from a divorce lawyer. 805 Law Group is committed to helping you seek the best possible outcome in your case. Our competent San Luis Obispo alimony and spousal support attorneys can help protect your rights, whether you may be responsible for short-term or permanent spousal support. Contact 805 Law Group today to discuss how higher education affects divorce and the circumstances of your marriage.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Know how higher education affects the divorce procedure.\u00a0 Education is an essential factor in many aspects of life, including marriage and divorce. In the United States, higher education can significantly impact the outcome of a divorce. This article will explore how education affects spousal support and divorce proceedings. We will also discuss how the family [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1,29],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/6481"}],"collection":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/comments?post=6481"}],"version-history":[{"count":4,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/6481\/revisions"}],"predecessor-version":[{"id":6599,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/posts\/6481\/revisions\/6599"}],"wp:attachment":[{"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/media?parent=6481"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/categories?post=6481"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.atownlaw.com\/wp-json\/wp\/v2\/tags?post=6481"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}