What is spousal or partner support agreement in California?

Ending a marriage includes the process of property division. Upon property division, the marital properties, assets and debt would be subject to division. This would likely impact one spouse’s financial stability during and after divorce. The income flow would be altered as well. However, family law solutions in California may permit a spouse to seek financial assistance from the other spouse.

There are different legal issues associated with spousal or partner support. Partner support is used when the couple are considered to be domestic partners. To be to legally established spousal or partner support, one party may ask the court to make a spousal support order upon a divorce, legal separation or annulment. A partner can seek a temporary spousal support order while the separation case is going on. It can also be ordered when the legal separation or divorce becomes final. The support order will become permanent or long term when the case becomes final. Aside from this, spouses and domestic partners can also create spousal or partner support agreements.

Creating a spousal support agreement can be cost-effective to both parties because it can be done outside the court system. The final decision would be based upon the interests of the separating couple, and not dependent upon the judge. A spousal support agreement indicates the rights and responsibilities of both partners about the spousal support. Both partners must agree on the amount, duration of the support and how the payments will be made. The agreement should be in writing and signed by both parties.

When drafting a spousal or partner support, both partners must clearly understand the agreement and its impact to their life. That way, the document can address the needs all the issues involved, and the rights of both parties are protected.

Source: California Courts, “Spousal/Partner Support,” Accessed Dec. 27, 2014