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Spousal Support (or Alimony)
When spouses are living together, they owe a
duty
to each other of mutual support.
However, when a couple goes through
dissolution of marriage or a legal
separation, the court may order one spouse
to pay the other spouse a specified amount
of support every month. Nevertheless, a
spousal support award is not mandatory since
it is within the family law court’s broad
discretion as to whether to grant or deny
such spousal support. Short-term support,
prior to when the dissolution or legal
separation is completed, if granted
(generally based on marital living standard
at the time the parties separated) is
generally higher than a long-term award of
spousal support (also commonly called
alimony). Short-term spousal support is
generally used to assist the lower income
earning spouse during the transition process
so that they can afford to live on their
own.
With respect to long-term support, in
California any time a marriage is over ten
years in duration (from the beginning of the
marriage until the date of separation of the
parties), spousal support becomes an
important consideration since under case law
it is held to be so. To determine whether
long-term spousal support should be awarded,
under the Family Law Code, a court must
consider 14 statutory factors, which include
the following:
1. The
extent to which the earning capacity of each
party is sufficient to maintain; the
standard of living established during the
marriage;
2. The
extent to which the supported party
contributed to the attainment of an
education, training, a career position, or a
license by the supporting party;
3. The
ability of the supporting party to pay
spousal support;
4. The
needs of each party based on the standard of
living established during the marriage;
5. The
obligations and assets, including the
separate property, of each party;
6.
The duration of marriage;
7.
The age and health of the parties;
8. The
balance of the hardships to each party;
9. Any
other factors the court determines are just
and equitable.
After such support is awarded by the court,
either party may request a modification of
such support due to changed circumstances
(e.g., supporting spouse makes less income
and/or supported spouse makes more income).
Another circumstance that statutorily allows
the court to reduce such support, is when a
supported party cohabitates with a member of
the opposite sex. This is automatic,
however, since the supporting party must
file for a medication (i.e., reduction or
elimination) of the prior spousal support
award.
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