When it comes to divorce mediation, spousal support is included and determined by the same factors as litigation. However, since mediation opens up the conversation before arriving in court, you can take more time to make decisions that will directly affect your financial situation. Get familiar with the role of spousal support and how it’s determined in mediation, before consulting a Mission Viejo divorce attorney.
The Role of Spousal Support
Although the roles within marriage have certainly evolved, it’s still common for one spouse to earn more than the other despite them both working. To tend to the lesser-earner post-divorce, California law has provisions in place to provide financial help to that partner. In both divorce litigation and mediation, spousal support is determined based on income and need – though with a mediator, you can gain an idea of what the court will decide prior to getting in front of a judge. Despite the outcome likely being the same, spouses can be more prepared for that final court appearance through mediation.
How Divorce Mediation Determines Spousal Support
Mediators allow couples to negotiate their own spousal support based on two things: what the giving spouse can afford, and what the receiving spouse requires to stay afloat. There are a number of other factors outlined in Family Code 4320, such as whether each spouse can maintain the same standard of living during the marriage, the age and health of both parties, whether the marriage has a history of violence, and many more. However, the ability of the supporting spouse to pay support and what the receiving spouse requires, as well as the length of the marriage, are most looked-at by courts.
The mediator’s role is to guide the conversation to its most beneficial outcome. But even with the assistance of an expert mediator, these conversations can be difficult to carry out. Spousal support conversations require a certain level of neutrality and understanding, as well as openness to your mediator’s instruction.
Sort Out Your Spousal Support with a Mission Viejo Divorce Attorney
Divorce is an emotional journey to endure. On top of the bitterness and anger which often result from a formal separation, the subsequent legal battles tend to make the whole process even more painful. At the Law Offices of Jennifer Owens, we revel in the power of choice. When spouses face divorce, they’re presented with a slew of decisions with a handful of potential outcomes. Our attorneys are believers in the best possible outcome, where a former couple chooses peace over destruction, so that they can finally move onto their next chapter. We can help with that. No matter your desired path – mediation, a negotiated settlement, or even litigation – The Law Offices of Jennifer Owens will achieve the best possible outcome by reaching a settlement that keeps all involved parties in mind. Visit our website to review our family law services or contact us online for a free consultation.