Spousal Support
Temporary spousal support, also known as temporary alimony, is money paid to a spouse after the parties separate to help him or her pay his or her living expenses and to maintain the status quo during the pendency of the divorce proceeding. The amount one pays in temporary spousal support is typically determined by using a computer program similar to that used to calculate child support.
Permanent spousal support, or alimony, is money paid to a former spouse to help him or her maintain the parties’ marital standard of living. The calculation of permanent spousal support cannot be based on a computer program or a particular mathematical formula. The problem, of course, is that, after separation, there is almost never enough money to allow either party to maintain the parties’ marital standard of living.
When it comes to awarding permanent spousal support, trial courts have a great deal of discretion, and the most important factor they must consider is the amount of income each party either earns or has the ability to earn. This is a particularly difficult problem if one or both parties receives his or her income in cash, or has his or her personal expenses paid through a family owned business.
If a marriage is less than 10 years, courts generally only order spousal support for a period equal to one-half the length of the marriage. If a marriage is more than 10 years, they typically order spousal support for life or remarriage.
Our office has had as much, if not more, experience in dealing with complex spousal support issues than any law firm in Kern County.
- Permanent spousal support is money paid to a former spouse to help him or her maintain the parties’ marital standard of living.
- The problem that often comes up is that after separation, there is almost never enough money to allow either party to maintain the parties’ marital standard of living.
- If a marriage is less than 10 years, courts generally only order spousal support for a period equal to one-half the length of the marriage.
- If a marriage is more than 10 years, courts typically order spousal support for life or remarriage.