Unlike child support, spousal support is need-based and not determined by a state guideline. Instead, the court will look at a number of factors. The main factors considered are the age and relative health of the parties, the parties’ education levels, the standard of living during marriage, domestic violence issues, who has custody of the minor children, whether the parties were working during marriage, and the length of the marriage.

In California, the court considers a marriage of ten years or more to be a long-term marriage. They can set a spousal support order without a set end date. Generally, for marriages less than 10 years, the supported party may be eligible to receive support for one-half the length of the marriage plus one month. Spousal support is not automatic; there must be a need for the support.

Frequently Asked Questions

I Lost My Job And Can No Longer Afford The Spousal Support In My Divorce Judgment. Can I Ask The Judge To Lower My Support Obligation?

It depends. All child support orders and almost all spousal support orders are modifiable. In some cases, you may not be able to change the support amount.

I Never Asked For Spousal Support Before, But Now I Need It. What Can I Do?

The court can make orders for spousal support so long as the court retained its jurisdiction. Have an experienced attorney, such as those at R & S Law Group, review your divorce documents to find out whether you qualify for support.

Even Though We Were Married For 20 Years, Neither One Of Us Wants Anything From The Other. Can We Draft Our Agreement To Reflect Our Wishes?

Yes, you can waive the court’s jurisdiction over spousal support using specific language.

Contact R&S Law Group for a spousal support attorney Orange County trusts.

The information on this page is informational only and should not be construed as legal advice.