How many years did the marriage last?
In California, duration of spousal support is often tied to the length of the marriage. After a marriage of less than 10 years, a court will not usually order support for longer than half the length of the marriage. For marriages lasting more than ten years, there isn’t a finite length of time for spousal support. This is simply because the courts have not pre-determined the length of time that it will take for the supported spouse to attain a sustainable income. This, however, does not mean that the courts favor the spouse receiving support permanently. Both spouses retain the right to request modification indefinitely, unless they specifically agree to a termination date, or the court expressly terminates support at a later hearing.
While courts and attorneys often refer to post-divorce spousal support as “permanent,” it is increasingly rare for a judge to order true permanent support, even after marriages of well over 10 years. California courts require a spouse seeking support to make efforts to become self-supporting, regardless of the length of a marriage. California may have once been in favor of “permanent” support, that has changed in recent years. With the courts unable to provide a fixed amount of time for spousal support, termination and/or modification of it is left up to the supporting spouse to prove that the supported spouse no longer needs to rely on the initial amount of support agreed upon immediately following the divorce.
A spouse who claims an inability to work, or an inability to become fully employed, will have to support this claim with evidence, sometimes including a vocational evaluation. Long term support orders may reduce support gradually over time down to a nominal amount—such as $1.00 per year. True permanent spousal support is generally reserved for spouses who lack the ability to become self-supporting due to age or disability.
If you have a question regarding Family Law in Southern California please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Southern California. After you have spoken with our Southern California Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.