Spousal Support / Alimony

When you are facing the dissolution of your marriage or domestic partnership in California, you need to understand your rights and obligations regarding spousal/partner support. Whether you have exposure to pay spousal/partner support or you are entitled to receive spousal/partner support, you need to understand why spousal/partner support is paid, how long it will be paid, and exactly how much will be paid. There are two types of spousal/partner support: “temporary” and “permanent” support. These are legal terms (do not confuse them with the common definitions) you need to understand.

Temporary support is paid while your case is pending (for as long as your case is pending – there is no set period of duration) and is meant to maintain the status quo/standard of living established during the marriage/partnership. Permanent support is the amount ordered in a final judgment, is based on several factors set forth in the Family Code, is meant to provide the non-working or lower earning spouse/partner with sufficient income to meet their basic needs and maintain their lifestyle after the divorce/dissolution and is paid for a length of time based in part on the length of the marriage/partnership. It is important that you understand the different types of support and the different ways each is determined to avoid over-paying, if you are the payor, or receiving too little, if you are the recipient. Understanding spousal/partner support can be further complicated if you have children and child support is involved in your case.