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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.
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