Who should pay spousal support?

In most cases, only persons who have been involved in a marriage of a “longer duration” (usually over 5 years) are qualified for spousal support. Also, the court will take into account several factors when making the support determination, including: The earning capacity of each spouse.

What two factors is spousal support based on?

The needs of each party based on the standard of living established during the marriage. The obligations and assets of each party, including each party’s separate property. How long the marriage lasted. The ability of the supported party to work without interfering with the interests of dependent children.

Why do I deserve spousal support?

Alimony is given so people can continue to live the way that they were used to during a marriage. It is also helpful to allow people to get back on their feet and get the training that they need to continue in a great career. Contact us to help settle your divorce as soon as possible.

Is spousal support for life?

There is a common misconception that when a California couple divorces after more than ten years of marriage, one party will be guaranteed alimony for life under the “Ten Year Rule.” This rule does not exist in California. Judges may revisit alimony rulings indefinitely for marriages of long duration.

How long does an ex husband pay alimony?

The Ten-Year Rule for Spousal Support Generally, if a couple is married less than ten years, the duration of spousal support payments is one-half of the duration of the marriage. Therefore, if you were married for eight years, you will pay spousal support for four years.

When to ask for spousal support after a divorce or separation?

You can ask for spousal or partner support to be paid while your case is going on. This is called a “temporary spousal support order” or a “temporary partner support order.” Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment.

What do you need to know about spousal support?

Spousal/Partner Support. When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. This is called “spousal support” for married couples and “partner support” in domestic partnerships. Alert! Spousal and partner support are difficult legal issues.

Can a domestic partner get a spousal support order?

Spouses or domestic partners can agree to a spousal or partner support amount, but it will not become a court order until the judge accepts your agreement and signs it as an order. The family law facilitator in your court can help you work out a spousal or partner support agreement and write it up.

What happens if you don’t pay spousal support?

Not paying the spousal or partner support the court ordered you to pay can have very serious consequences. If the court finds that you have the ability to pay support but are willfully not paying it, the court can decide that you are “in contempt of court.” Being in contempt of court can be very serious because you can be sent to jail.