Spousal Support
Spousal Support

Spousal Support

In California, a marriage that endures for 10 years or more is considered a long-term marriage for purposes of spousal support.  In a divorce involving a long-term marriage, the court is required to retain jurisdiction over the issue of spousal support unless both parties desire to waive that requirement.

There are two types of spousal support in California cases.  The first is called pendente lite (pronounced pen.den.tay lee.tay) or temporary support.  This type of support is ordered for the period of time from the commencement of the dissolution process up until the matter is resolved by judgment.  The goal of temporary support is to maintain the status quo of the parties as close to that which they enjoyed during marriage as is possible.  This, in actuality, is rarely possible, because during marriage the parties usually have only one household to support and, once separated, there are usually two houses to now support.   The court will assess the needs of the party who asks for support against the ability of the other party to pay and will attempt to balance the hardships presented to each party.

The second type of spousal support is permanent support.  This type of support is ordered at the time the matter is finalized and runs for a period of time after the divorce has finalized.  The court will consider the needs involved, the abilities to pay, whether someone has been unemployed for a period of time (perhaps caring for children), whether any party has a disability, the length of the marriage, the age of the parties, and other circumstances.

A former spouse receiving spousal support should be aware that cohabitating with another individual (generally in a romantic setting) can act as a catalyst to have their support payments reduced or even terminated due to the fact that their need for support may be reduced due to the financial assistance of the new cohabitating partner.  Remarriage will almost always terminate a spousal support order.

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News about Spousal Support
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