Sacramento Spousal Support Lawyers
Spousal support, or “alimony,” is often awarded when one party to a divorce or separation cannot maintain the marital standard of living on their own. In general, there are two time frames to consider when dealing with spousal support. Spousal support during the pendency of a divorce is referred to as “temporary spousal support.” Temporary spousal support is calculated based upon a guideline calculation adopted by the particular county you are in. It is generally based upon one party’s need and the other’s ability to pay support.
Post-judgment, or “permanent spousal support,” is determined based upon a review of a number of factors according to a California statute. Section 4320 of the California Family Code lists numerous factors for the court to consider in establishing an alimony amount after the date of judgment of dissolution. While termed “permanent” spousal support is not necessarily awarded for the life of one of the parties. The duration of the marriage or domestic partnership is perhaps the most important factor as to how long one spouse may receive spousal support. In a so called “long-term” marriage, or one lasting over ten years, spousal support may be awarded for an indefinite period. However, in a “short-term” marriage, or one lasting ten years or less, post-judgment support is typically awarded for a term lasting only one half the total duration of the marriage.
When it comes to spousal support amounts and duration to be paid, every case is different. It is important to have an attorney who can explain how support is established and what factors should be considered in your particular case.