In California spousal support, also called alimony, is generally a temporary means to ensure that a spouse without financial means will have enough money to pay living expenses after a divorce. It is in addition to but may be affected by the property or assets awarded to the spouse.
California spousal support laws do not make an automatic award simply because one spouse makes less money (or even no money) compared to the other spouse. When one spouse requests alimony as part of a divorce, the court must look at a variety of factors to determine whether to award support to that spouse.
Some people look at alimony as a way to get a lot of money without having to work. Generally speaking, this is just not true. It is designed to be temporary just so a spouse can get on his or her own two feet within a reasonable amount of time.
At any rate, those filing or faced with a divorce filed by the other spouse should be aware of the basics of California spousal support laws. They can then plan to deal with it in court or discuss it when meeting a family law attorney.
First, when getting a divorce, the law essentially encourages a settlement of all financial matters. If no settlement is reached, however, California spousal support laws prescribe a set of factors to determine how much alimony, if any, to provide to a spouse.
Spousal support is generally temporary, but it can be permanent in special situations, such as a disabled spouse with a permanent disability or a long-term marriage where an old-age spouse stayed at home while the other pursued a career. California law says that where a marriage is “of long duration,” the court “retains jurisdiction” indefinitely after the divorce is completed, unless the spouses agree otherwise.
Retaining jurisdiction means that the court has the ability to continue making decisions about spousal support between the spouses, and can reevaluate its original orders and modify them if the facts justify a change. Any marriage that is longer than ten years is automatically considered to be “of long duration,” and sometimes, shorter marriages can be considered lengthy as well.
If you have a question regarding Family Law in the San Fernando Valley 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 the San Fernando Valley. After you have spoken with our San Fernando Valley 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.