Like child support, it is calculated on the income of the parties. Many factors are considered, including the length of the marriage, the ability of one spouse to pay and the needs of the other spouse. There are no absolute guidelines, and California courts generally expect each spouse to become self-supporting. Spousal support can have significant tax consequences for both parties. Pension and retirement funds earned during marriage are considered community property.
Any funds accumulated before marriage are the separate funds of the earning spouse.
Dividing pension funds can be very complicated. One should consult an attorney if either spouse is covered by such a plan. A negotiated divorce, I represent only one party, but I help both parties design the agreement that supports their decision to divorce. If the parties are in agreement, a final judgment can be entered on behalf of both parties. Karin E. Quirk will provide the highest quality professional service on a hourly basis or, in certain circumstances, upon an agreed fixed fee basis.