SPOUSAL SUPPORT

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Spousal Support

Temporary Support

Temporary spousal support (also known as Pendent Lite support) like child support, can be calculated with the Dissomaster and/or XSpouse computer program. To review these programs, see our Relevant Links for links to free trial downloadable software.

Permanent Support

However, at the time of trial, the court may order spousal support based on a number of criteria set forth in the Family Law Code. The length of the marriage, the age and health of parties involved, as well as the marital standard of living, are a few of the factors which the court may consider in determining a spousal support award. Spousal support is one of the most discretionary areas of the law. Therefore, it is important to seek competent legal advice and guidance.

Duration of Support

The duration of a spousal support often depends on whether a marriage was of a long duration. A long duration is generally described as ten years. In marriages of short
duration, the California Legislature has enacted legislation which requires that spouses be self-supporting within one-half the length of the marriage. Therefore, in a marriage of 8 years spousal support generally terminates after 4 years.

Modifications of Spousal Support

To modify the terms of spousal support in a Judgment, one must prove there has been a substantial change of circumstances. A change of circumstances can be any number of situations including the supported party has become capable of supporting themselves, or the supported party is cohabitiating with a partner, or that the supporting spouse is 65 and seeks to retire.

Contact the Law Office of Anna C. Brace for a free consultation regarding the specifics of your case.