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What is Spousal Support?

January 20, 2014

 

Spousal support is probably one of the most misunderstood and contentious aspects of a divorce. Here’s the deal with spousal support: There’s no guarantee that anyone’s going to get spousal support.

Spousal support is designed to address an inequity in a marriage that has been built in over time, due to roles that have been assigned explicitly or implicitly. You can read that, and I often do cover those elements in the Family Code 4320, for spousal support. We talk about that in my office, and we clear up and dispel all of the myths and confusions, and look at what really spousal support is about. And we can have a reasonable discussion about that as adults. We can look at what spousal support is designed to do. Not look at it as winning, not look at it as sticking it to the other person, not looking at it as winning or prevailing, or having some way to get back for all those years of pain that one or the other had to go through. That’s not what spousal support’s about.

A divorce attorney may make you want to feel that way, and may even want you to pay them to go into court and argue that way. The judge is going to look for the elements that I’m going to share with the people in my office, of spousal support that are written in the Family Code. I take the drama out of the spousal support issue. I take the lies and the misinformation and things that get whispered in people’s ears and the stories that they have, and talk about what it’s really designed to do. And in that way, we find what the choice is that ought to be made when people are being reasonable and equitable and fair.

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