Spousal Support

Many individuals struggle with fear of financial uncertainty when considering whether to file for divorce or when seeking a restraining order against their spouse. In cases where there is a financial disparity between the parties, the court can order the higher earning party to pay the other spousal support. 

 Spousal support, commonly referred to as alimony, is a court-ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses. In California, when it is between married persons, it is called spousal support, and between domestic partners, it is referred to as domestic partner support. A judge can make a spousal support order in various situations, including divorce, legal separation, or domestic violence restraining order cases.

  Understanding spousal support laws is crucial for several reasons. Firstly, being knowledgeable about these laws enables individuals to make informed decisions during negotiations or court proceedings. Furthermore, having a clear understanding of spousal support laws helps individuals set realistic expectations regarding the financial obligations or entitlements they may face. Additionally, understanding spousal support laws allows individuals to evaluate the fairness of any proposed spousal support orders.

  • A short-term order for financial assistance. It helps cover living expenses during the course of the case. The court can award temporary support upon the filing of a request for order by the party seeking support. If the party believes he or she may be entitled to spousal support, it is important that the request is filed as soon as the case commences. When determining temporary support, the court considers several factors, including the requesting spouse's financial needs and the paying spouse's ability to pay. This assessment ensures that the temporary support amount is fair and reasonable based on both parties’ circumstances.

  • Permanent spousal support, often called long-term spousal support, is awarded once the divorce is finalized. Unlike temporary support, which serves as a temporary measure, permanent support aims to provide ongoing financial assistance to the receiving spouse. Indefinite alimony with no set termination date. It is ordered in long-term marriages where a spouse cannot become fully self-supporting.

  • Provides compensation for supporting the other spouse through school or career advancement.

  • In California, where a spouse has been found to have committed domestic violence against the other spouse within 5 years prior to the filing for dissolution or any time after that, there is a "rebuttable presumption" that the abusive spouse should not receive an award for spousal support.

  • Temporary spousal support expires when the family law case concludes. However, if either spouse experiences a substantial change in their financial situation during the case, they can request a modification of the support amount. This means that the amount can be adjusted or, in some instances, support can be terminated altogether.

Whether you're seeking an award of support or defending from one, we're here to support you through every step of the process. Our team is dedicated to understanding your unique situation and addressing any concerns you may have, including determining the appropriate amount of support amount; understanding how orders may be amended, or fighting for the correct duration of support. You can trust us to advocate for your rights and safeguard your financial interests.