WHEN MARRIAGES END UP IN DIVORCE, MANY QUESTIONS START TO ARISE. ONE OF THE MOST IMPORTANT QUESTIONS IS TO DO WITH SPOUSAL SUPPORT OR ALIMONY. ALTHOUGH ALIMONY FIGURES IN ONLY ABOUT 10 TO 15% OF DIVORCES, UNDERSTANDING HOW THE LAW LOOKS AT SPOUSAL SUPPORT IS IMPORTANT FOR BOTH SPOUSES.
Who Pays The Support?
Litigations are often fought on the issue of who has to pay and how much when couples fail to reach an understanding on their own. Usually, the higher earning spouse pays the one who earns a lesser income or is not earning at all, such as stay at home moms.
Is The Support Permanent?
A temporary support is a short term one that is awarded until a final settlement can be made. The Family Court in California has the authority to order one spouse to pay the other, with a pending divorce.
The long-term spousal support is the final or permanent support that is awarded by the court.
A permanent support that lasts a lifetime is only in cases where one of the spouses is disabled or chronically ill and unable to earn. In all other cases, the amount of support awarded is tapered off, so as to encourage efforts of the dependent to become self-supporting. Courts usually consider half of the duration of the marriage as the time required for the supported spouse to become self-supporting.
Shulman Family Law Group
Maya Shulman, Esq.