Spousal Support
The purpose of spousal support or alimony is to assist in the receiving party’s support and maintenance, while he or she becomes able to support him or herself, though that does vary by case.
As with all issues relating to divorce, spousal support can be determined outside of court, using Mediation, Collaborative or Negotiated approaches, whether you are represented by an attorney or the attorney is serving in a consulting capacity.
The amount of spousal support a party receives or pays during the period of time between separation and the finalizing of your divorce is considered temporary support. This type of spousal support is ordered to enable the spouse who earns less income to maintain the “status quo” in terms of lifestyle and it allows the supported is party to get on his or her feet after separation. It is often calculated using the same computer program as child support, but it is appropriate to deviate from the program as well, depending on the facts of the case.
Long-term or permanent spousal support can be a misnomer. This type of support usually begins on or around the entry of Judgment of Dissolution and continues (if warranted) for various periods of time. One factor that affects the length of support is whether the marriage was short term (i.e. less than 10 years). If this is the case, spousal support might last a certain number of years and then terminate. In short term marriages, barring any extenuating circumstances, spousal support generally lasts approximately one half the length of the marriage. A long-term marriage is considered a marriage that is 10 years or longer in duration. To determine long-term support, the court will consider the various factors contained in California Family Code Section 4320.
A party that receives spousal support, whether permanent or temporary, is obligated to seek employment and to become self-supporting- with a few narrow exceptions. Unless agreed to during settlement, spousal support may be modified with a change in circumstances, post-judgment.
