Spousal support is a result of many different California divorce cases, and this form of support is ordered or sometimes agreed upon in a divorce mediation in order to prevent financial inequities that would severely harm a spouse who may not have been generating much or any income during the marriage. Generally, courts have a wide degree of discretion when it comes to ordering spousal support payments, but if a new bill that's been introduced to the state legislature becomes a law, that discretion could be somewhat curtailed.
State Senator Rod Wright of Los Angeles recently introduced Senate Bill 481, which if passed would require judges to consider the overall value of assets or other payments made by one spouse to another during the original property division process in a California divorce. The thinking behind this bill is to curb the practice of what's known as ‘double-dipping' that can occur when a spouse is awarded assets or a payout for assets and then pursues spousal support payments without considering the value that was already provided to that spouse.
These situations have typically arisen with regards to payouts for pension plans that have not been liquidated and in other situations where one spouse keeps that asset in consideration for cash payment. At this point, the total value of those assets would be considered when analyzing the potential inequity between the spouses without counting that payout. This bill would change that if it becomes law.
Carlsbad Divorce Mediation Lawyers
Clearly, one of the most contentious issues that arises during a California divorce case involves the property division and other financial issues that arise. Splitting up a marital estate is never an easy step to take, but many people have successfully negotiated a settlement with regards to their marital property when they've had the proper guidance and mindset.
If you are facing the end of your marriage and you want to avoid nasty court battles over money or other issues, you need to seek the help of Carlsbad divorce mediation lawyers who have helped many couples work out their differences and move on in a civil and relatively amicable manner. Contact Zonder Family Law today to schedule an initial consultation.





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