Spousal Support

Obligation to Pay Spousal Support

In California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage.

Spousal Support Factors

California statutes set forth a long list of factors considered in determining spousal support. Included are such things as the age and health of the parties, their education and training, their length of time in the workforce, duration of the marriage, differences in earning ability, expenses of each party, tax consequences of any award, and other economic factors. A judge must also make a decision as to the duration and amount of support. Because California has not adopted guidelines for the determination of spousal support as it has for child support, the question of spousal support can be a real source of contention between the parties. Because determining spousal support is one of the most contentious issues in divorce you need the advice and assistance of a lawyer familiar with California family law to protect your interests.

Temporary Spousal Support

During the period between filing a petition for dissolution of marriage and the final judgment, a spouse may request, and the court may make an order for, temporary support based on the same factors considered in making a final support award. A temporary order will not affect the final order.

Modification of Support Order

Unlike property division orders, an order for spousal support may be modified upon a determination of necessity. Changes in circumstances, such as unemployment, disability and other facts, are considered on motion for modification of spousal support.

Domestic Violence and Spousal Support

California law provides for rebuttal of the presumption; a spouse convicted of domestic violence against the other spouse within the past five years should not be awarded support from the injured spouse. And, if a spouse has been convicted of attempted murder of the other spouse, the injured spouse, whether actually injured or not, will not be required to support the attempted murderer.

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