Posted by srailawoffice In Spousal Support June 4, 2018 0 Comment

When you get married, the last thing you want to think about is divorce. But unfortunately divorce is inevitable for some married couples. It may be the only option for some couples. A divorce proceeding is governed by certain laws in the state where the divorce is filed. California law allows for spousal support or alimony.

What Is Spousal Support?

Spousal support is the term used for payments from one spouse to another after a divorce has been filed. Spousal support is categorized as two types: temporary (pendente lite) and permanent support. Both of these terms do not mean what they actually imply.

  • Temporary spousal support – Support ordered during the pendency of the divorce process; calculated with a computer software program.
  • Permanent spousal support – Support ordered at the time the divorce is finalized; calculated by applying certain factors, such as:
    • How long the couple has been married
    • The couple’s standard of living during the marriage
    • The needs of each party
    • Financial resources and liabilities of each party, including separate property
    • Each spouse’s source of income
    • The impact of the custodial parent’s employment on the needs of the minor children
    • The age and health of each spouse
    • Each spouse’s ability to support themselves
    • Each spouse’s tax obligations
    • Each spouse’s contribution to the domestic duties of the household
    • The contribution of each spouse to the education and training of the other party
    • Domestic violence

Length of Spousal Support

The general rule under California is that spousal support, commonly referred to as alimony, will last for half the length of a less than 10 year long marriage. If you have been married longer than 10 years, the court will not set alimony duration. The party who is paying spousal support has the burden of proving that the support is no longer necessary at some point in the future. It should be noted that while courts rarely favor “lifetime support,” the circumstances are fact specific and depend on the facts of each case.

Call an Experienced Central Valley Divorce Attorney

If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.

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