Spousal Support in California

Divorce help, division of property information, custody information, child support help, spousal support information, and domestic violence information provided by an experienced family law and divorce attorney serving the Temecula, Murrieta, and Hemet areas of Riverside County, California.

Spousal support used to be known as alimony. This term is no longer used in California. The purpose of spousal support is to help one spouse become self-supporting after separation. There are two types of spousal support: temporary and permanent.

Temporary spousal support is support that is ordered during the period between separation and the divorce trial. Permanent spousal support is support that is ordered at time of trial.

Spousal support is dependent upon a number of factors, one of which is whether the marriage was "lengthy" or "short-term." A "lengthy" marriage is any marriage that lasts for ten years or more. A "short-term" marriage is any marriage lasting for less than ten years. The length of the marriage is defined as the period between the date of marriage and the date of separation (not the divorce date). The date of separation is the date that one spouse first realizes that the marriage is over, cannot be repaired, and decides he or she wants a divorce.

In a lengthy marriage, there is a possibility that the payor of spousal support will have to pay support for the rest of his or her life. In a short-term marriage, support is generally paid for one-half the length of the marriage.

Temporar spousal support is generally calculated with the use of a computer program, whereas permanent spousal support is weighed against many factors; such as each party's age, earning ability, education, health, work history, financial need, ability to contribute, personal assets, and the length of the marriage. All spousal support orders are discretionary. The court can make whatever orders it believes are fair under the circumstances.

As a rule of thumb, if only one spouse worked and the marriage was a lenghty one, the working spouse should expect to pay spousal support for a significant amount of time, as well as a portion of the other party's attorney fees. Spousal support orders can be as high as 45% of the working spouse's net income.

If you live in the Temecula, Murrieta, Hemet or Riverside areas of Riverside County, California and have any questions about obtaining a domestic violence restraining order, or if you need additional divorce information, please feel free to contact our office to set up an appointment with a divorce lawyer at Famularo & Associates by calling: (951) 816-9543.

You may also visit one of our websites: Divorce Attorney in Temecula, Riverside County Divorce, or Family Lawyer in Temecula