May 2004
 
Spousal Support

In some cases a dissolution judgment will contain an order directing one spouse to pay the other spousal support, commonly referred to as "alimony."

Decisions regarding spousal support will be based on the individual circumstances of the case, most importantly the party's respective needs and abilities to pay.

In general, an award must be just and reasonable. Spousal support may be ordered on a temporary basis, on a permanent basis, or both.

There are several factors the court will consider in determining the appropriateness and the specific amount of spousal support to order. These factors include things such as the length of the marriage, age, health, standard of living, earning capacities, and the needs of any minor children.

There is no statewide formula for setting the amount of spousal support to order, each county uses different criteria. Spousal support is usually ordered in terms of a specific dollar amount to be paid periodically.

The standard award is for monthly payments. These orders may be subject to modification if circumstances change. For example, a court may order support to be reduced once the supported spouse completes an educational program or if their income reaches a certain level.

California courts also have the power to elect not to order spousal support currently but to reserve jurisdiction over the issue so it may be awarded sometime in the future. Such a reservation of jurisdiction must be specifically stated in the dissolution judgment.

Finally, a court may combine the two approaches by making a current award of support, to be paid for a fixed period of time, but then retaining jurisdiction over the issue for future consideration.

Anytime a court reserves jurisdiction over spousal support, it retains the power to increase, decrease, or terminate the support for the period of time stated in the order. Such changes are possible upon the application of either party.

The court's order of spousal support may be for a fixed period of time, or it may be of indefinite duration. The decision of how long support should continue is left up to the court, or it may be agreed upon by the parties themselves.

If the marriage has lasted more then ten years, the court must not set an absolute termination date for spousal support. Rather it automatically retains jurisdiction for an indefinite period of time. This rule does not necessarily apply if it is clear from the record the spouse in question will be able to adequately meet his or her financial needs.

If the supported spouse remarries, or if either spouse dies, spousal support orders will automatically terminate unless the parties have a written agreement to the contrary.

When applying for spousal support in a dissolution, it is important for you to communicate clearly with your lawyer regarding your needs and desires. If there is a spousal support order currently in place, your lawyer will need to know the date of the order, the county it was filed in, and what the specifics of that order are.

As with any order currently in place, your lawyer will need a copy of the actual order. If you are seeking to modify the order, the attorney representing you must be given information regarding the circumstances that existed at the time of the original order, whether the order is being followed by your spouse, what changes in the situation have occurred since that time, and finally what your present needs are. Unlike child support, spousal support may be waived by one or both of the parties.

A waiver of the right to support can occur expressly by agreement between the parties, or it can be waived by the failure of the party seeking support to request it when they first file for a dissolution. This means that in order to protect the right to a spousal support order, such an order must be requested from the court in the very first papers filed.

Finally, as with most aspects of the dissolution process, the parties are free to create their own agreements regarding spousal support.

 

 

 

Divorce Legal Services Has Offices Located In Northern California - Contra Costa

 

Top Of Page

Home - Telephone Consultations - Attorney Services - Divorce Law Explained - FAQ's - Free Consultations - Free Resources & Links - About The Firm - Contact Us - Disclaimer HomeHelp For YouFree ConsultationCalifornia Divorce LawContact UsDisclaimerCalifornia Divorce Law


Privacy Policy

All information passed to Divorce Legal Services in any form (electronic or otherwise) is kept strictly confidential.

Divorce Legal Services does NOT ever for any reason sell, rent or otherwise share client/customer information outside of our law firm.


Toll Free: 1-800-949-7004
Phone: 1-925-288-6929 - Fax: 1--925-288-0591
Website Design & Questions Please Contact: admin@divorcelegalservices.com
© Copyright 1998 - 2002 Divorce Legal Services - Christian Scranton; APC