Spousal Support

Spousal support, also referred to as alimony, is the money one party pays monthly to the other following their divorce. The purpose of support is to help the spouse who makes less maintain the standard of living they are accustomed to during and after the divorce. Spousal support can either be permanent or temporary.

Temporary support is intended to insure the spouse who makes less can maintain a reasonable standard of living during the divorce proceedings. The temporary support is an amount that is determined prior to the division of assets and property and is meant to assist the supported spouse during their search for employment or other means of supporting themselves in the interim.

Permanent support is not what it sounds. The length of the marriage is relevant to the length of the order for support. For example, in California, if a married couple splits after six (6) years, the general ‘rule’ would be that spouse would receive spousal support for one half of that married time, or three (3) years. The one half ‘rule’, however, only applies to the marriages that lasted less than ten (10) years. Marriages that lasted over ten (10) years have no definite termination date and require careful consideration and negotiation.

The amount of spousal support that will be ordered depends on the type of support. Temporary support is typically calculated by a formula. Post-Judgment support gets a bit messier. In determining the appropriate amount, courts look to several factors in determining whether or not support should be ordered and for what amount.

Whether you are the filing party or the responding party, we are here to help. Contact our office today to discuss your particular situation.

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