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California Spousal Support Law
California Spousal Support is Based on Need and Ability
Any person, regardless of gender, may be eligible for temporary or permanent spousal support under California spousal support law as part of a dissolution of marriage or a legal separation process. Spousal support in California allows the home maker or lower earning spouse to maintain the standard of living during marriage.
Temporary Spousal Support
Temporary spousal support can begin shortly after the divorce is filed and lasts until time of trial. It is based on a county formula in California family courts.
"Permanent" Support
Under California spousal support law, alimony may be a lifetime thing. Permanent spousal support depends on the length of the marriage (more than ten years), the age of the supported spouse, the earning capacity and actual earnings of the supporting spouse, the employability and earnings or earnings capability of the supported spouse, the health (both mental and physical) of the supported spouse, and numerous other factors contained in the California Family Code. Your California family lawyer can analyze your particular situation and give you a good idea of what spousal support will be awarded under California spousal support law.
Shorter Marriages
Spousal support is usually payable for one half the duration of a short (less than ten years) marriage under California spousal support law.
Amount of Support
If the parties can not agree, the court decides how much spousal support will be paid. Sadly, without a competent lawyer, support is almost always not enough for the supporter person. It is almost always too much for the party paying the support.
Graduation from Spousal Support
In some situations, the California family court or the parties may agree on a "stepped down" support program to enable a supported spouse to get on his or her feet, complete an educational degree program or get certified in an occupation.
Terminating Support
Once spousal support is permanently terminated, the court loses the ability to award it regardless of any new circumstances that may require financial assistance.
Seek Work Orders
By California state legislative policy, parties are encouraged to become self-supporting. The California Family Code provides for "seek work" orders, in which the supported spouse is required to make serious efforts to find a job. A former spouse who disobeys these orders may find the court reducing or eliminating spousal support.
What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to "perjury", a crime. Will they be punished? Rarely. Do we use their lies against them? Frequently.
How Long Will It Take?
Under California spousal support law, support can be set within three or four weeks of filing a request for it with the California family court. Permanent support will be set at the time of trial, which is usually three to six months after the petition for dissolution is filed.
Why hire a lawyer?
A skilled, experienced and aggressive California family lawyer can protect your pocketbook if you are the payor of support and increase the amount and/or duration of support you will receive if you are the recipient. This is a complicated area of California family law with many twists and turns and loopholes. No one involved in a dispute over spousal support in California should consider going it alone if they can possibly afford to hire competent family legal counsel.
Contact Us For Help with California Spousal Support Law Matters:
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