Spousal Support & Marital Agreement Attorneys & Lawyers

Orange County Lawyers The judge will take many things into consideration when deciding what spousal support should be ordered. Examples of some things the judge may consider are: How long the couple has been married; The age and health of each spouse; How much income each can earn on their own; What the expenses of each spouse are; Whether there are minor children at home; and The history of the way the couple handled money during the marriage.

Orange County The Superior Courts of Orange Counties have adopted a spousal support guideline for use in setting temporary spousal support. This guideline provides that the husband's spousal support is to be 40% of his net monthly income, reduced by one-half of the wife's net monthly income. Where child support is being paid, the guideline level of child support is first calculated. Then, spousal support is determined.

California At the trial of the dissolution, the California Family Code provides the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support..

In California, the Child Support Guideline establishes the minimum level of support required for children. The guideline calculates support based on the income levels of both parents. Beyond this, other local guidelines may also impact the amount that is paid or owed. Our attorneys can help you figure out and negotiate the amount you will pay or receive based on these guidelines, as well as advise you on related issues you may be facing regarding prenuptial agreements , employment or income levels.

Marital Agreements Agreements between married couples in California are permitted subject to various laws. Generally speaking, couples can freely make agreements dealing with property, but they cannot make agreements altering their legal relations (Family Code §1620)

Prenuptial Agreements If you or your spouse has property going into a marriage, (and there are plenty of couples entering marriages these days with property and children from a prior marriage), you may want to consider a prenuptial agreement in order to preserve pre-existing property rights and/or interests for your children and other legal heirs.

Marital Agreements Once you are married you and your spouse may enter into a marital agreement ("postnuptial agreement"). Couples can agree to affect their marital rights incident to their marriage, both during their lifetime and even after their death.

Marital Settlement Agreements The third type of marital agreement is a marital settlement agreement, commonly referred to a "MSA". This is an agreement entered into by couples upon divorce. As part of the divorce judgment, the MSA contains provisions resolving the divorcing couple's property issues, parenting schedules, support amounts and any other topic affecting the couples' rights after the marriage. As with the other agreements discussed in this article, it is always best to have a knowledgeable attorney or attorneys prepare the agreement, as there are now quite cumbersome and specific requirements in California and unless the law is complied with, your MSA could be unenforceable at a later date.