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
  • Alberta charging interest on late child or spousal support (Times & Transcript)
    •       Alberta is now charging interest on all child or spousal support payments that are not made on time or in full. ...»
  • Alberta charging interest on late child or spousal support (Whistler Question)
    •       EDMONTON - Alberta is now charging interest on all child or spousal support payments that are not made on time or in full. A new law enacted Wednesday says those who default on their payments will be charged 4.25 per cent interest. ...»
  • Alberta now charging interest on late spousal and child support payments (CBC)
    •       The Alberta government will charge interest on late child support and spousal payments managed through the province's Maintenance Enforcement program starting Wednesday. ...»
  • Alberta charging interest on late child support (CTV.ca)
    •       Alberta is now charging interest on all child or spousal support payments that are not made on time or in full. The province says the interest payment are meant to encourage Albertans to meet their financial obligations. ...»
  • Alberta to charge interest on child support (Regina Leader-Post)
    •       People who don't make their spousal or child support payments on time will now be charged interest on those late payments through the province's payment enforcement program. ...»
  • When church fought bars, Palin's choice startled some | Photos: The wink (Chicago Tribune)
    •       As mayor, opposed earlier closings Sarah Palin may be the heroine of the religious right, but Rev. Gene Straatmeyer vividly recalls a public run-in he once had with the now Republican vice presidential candidate over clergy support for a crackdown on bars. ...»
  • Sarah Palin's opposition to bar crackdown surprised some (Chicago Tribune)
    •       On City Council, was foe of earlier closings Sarah Palin may be the heroine of the religious right, but Rev. Gene Straatmeyer vividly recalls a public run-in he once had with the now Republican vice presidential candidate over clergy support for a crackdown on bars. ...»
  • Uganda: 45,000 Babies Die as Officials Think, Fail to Act (AllAfrica.com)
    •       UGANDA has great thinkers according to the Unicef Representative in Uganda Keith McKenzie and Dr Emmanuel Otaala, the state minister for primary health care. ...»
  • Group hopes report helps connect women with resources (phillyburbs.com)
    •       A report presented to local lawmakers detailed ways to help women provide for themselves. ...»
  • Top Scoops (Scoop.co.nz)
    •       Contrary to her Joe Six Pack, hockey mom hokum, Sarah Palin proved in her debate with Joe Biden that she would fit in extremely well in Washington - albeit at an enormous price to the rest of the country. ...»
    Spousal Articles from Justia BlawgSearch
  • Some ex-wives have to pay 'manimony'
    •       When Susan Harris divorced her husband of five and a half years last December, she got the apartment, extra closet space and the covers all to herself. Her ex? He got $37,440. That money is being doled out in 48 monthly alimony payments. Or, as it's called in some circles, "manimony." Over the cours ...»
  • San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support
    •       San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support Under the Family Code, temporary support may be ordered in any amount based upon the party's need and the payor's ability to pay while a divorce is pending. Generally, the purpose of temporary spousal suppo ...»
  • Men Receiving Alimony Want A Little Respect
    •       Modern Males Say Living Off the Ex-Wife Is No Cause for Shame As a Hollywood actor, John David Castellanos is protective of his image. He stays in phenomenal shape and looks much younger than his 50 years. But he admits to a fact that might be considered unflattering: He receives alimony from his fo ...»
  • San Jose Family Law Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order
    •       San Jose Divorce Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order The change of circumstances necessary to obtain a modification of a spousal support order are the same as those the Court considers in making the initial long-ter ...»
  • San Jose Family Attorney Discusses Grounds for Termination of Spousal Support
    •       San Jose Family Attorney Discusses Grounds for Termination of Spousal Support Unless the parties have otherwise agreed in writing, a court-ordered spousal support obligation terminates upon either party's death or the supported party's remarriage. Said spousal support termination is self-executing, ...»
  • Florida's spousal elective share statute survives constitutional challenge
    •       In re Estate of Magee, --- So.2d ----, 2007 WL 2781131 (Fla. 2d DCA Sep 26, 2007) When all else fails, one way to win a probate dispute is to challenge the portion of the probate code at issue on constitutional grounds. A successful example of this approach was the Florida Supreme Court's 1990 decis ...»
  • San Jose Divorce Attorney Talks about the Pitfalls of Temporary Reconciliation of Marriage
    •       Society, religion, and even Republicans tell everyone that marriage is a good thing and we should all strive to work things outs in hopes of saving a marriage. However, the California Family Code is not so supportive of the couple who tried to work things out and but still ends up in divorce. The ma ...»
  • Florida's spousal elective share statute survives constitutional challenge
    •       In re Estate of Magee, --- So.2d ----, 2007 WL 2781131 (Fla. 2d DCA Sep 26, 2007) When all else fails, one way to win a probate dispute is to challenge the portion of the probate code at issue on constitutional grounds. A successful example of this approach was the Florida Supreme Court's 1990 decis ...»
  • O.C. spousal support case may set precedent
    •       Yorba Linda man says he shouldn't have to pay spousal support because ex-wife is in domestic partnership. A Yorba Linda man has taken his spousal-support fight to the state Court of Appeals, saying he shouldn't have to pay his ex-wife $1,250 a month when she has entered a domestic partnership with h ...»
  • Lateral thinking + probate litigation = success
    •       Marlowe v. Brown, 944 So.2d 1036 (Fla. 4th DCA Aug 02, 2006) Being an effective probate litigator often requires lateral thinking -- the generation of novel solutions to problems using other than straightforward, step-by-step logic. The point of lateral thinking... ...»
  • Judge: Ex still due alimony when she becomes he
    •       A woman's sex change operation does not free her ex-husband from his alimony obligation, a judge said Wednesday. Attorneys for Lawrence Roach, 48, had argued his 55-year-old ex-wife's decision to switch genders and change her name from Julia to Julio Roberto Silverwolf voided their 2004 divorce agre ...»
  • Court says NO to appeal of spousal-elective-share order
    •       Trenchard v. Gray, --- So.2d ----, 2007 WL 837294 (Fla. 2d DCA Mar 21, 2007) In Dempsey v. Dempsey (a 2005 opinion I wrote about here) the 2d DCA ruled on when elective share orders are subject to appeal. Under Florida Probate... ...»
  • Women Increasingly Paying Alimony
    •       The picture of equality looks awfully strange to Kim Shamsky. The 47-year-old business owner pays her ex, a 65-year-old retired Major League Baseball player, thousands per month in temporary spousal support. He's not seeking alimony to help pay for the kids' birthday parties, since they don't have c ...»
  • In Divorce Proceedings, Sideways Director Alexander Payne Files A Response Refusing To Pay Spousal Support To Actress Sandra Oh
    •       Writer-director Alexander Payne does not want to pay his ex-wife, actress Sandra Oh, spousal support. In his response to her divorce claim, he is asking a court to deny the Grey's Anatomy star her request for spousal support. The couple was officially divorced last December, but they have not yet se ...»
  • Can you accidentally create an "Elective Share Trust" under Florida law? Probably NOT
    •       Janien v. Janien, 2006 WL 2956304 (Fla. 4th DCA Oct 18, 2006)Under Florida law a surviving widow or widower is entitled to at least 30% of the decedent spouse's estate. If done properly, an "elective share trust" allows a person... ...»
     
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