In these cases, judges are not permitted to set an end date for support payments. Therefore, other factors determine when spousal support payments end.
Prenuptial agreements and post-nuptial agreements may set the amount and duration of spousal support payments. If the marital agreement is valid, the court should uphold the terms of the agreement.
However, the marital agreement calls for short-term or lump sum alimony. Therefore, the court should enforce the agreement, even though the spouse could have received permanent alimony payments if they did not enter the marital agreement. A couple may come to an agreement as to the duration and amount of spousal support payments. In these cases, the spouses agree to the terms for alimony payments. The couple may use a mediator or family law facilitator to help negotiate spousal support payments.
If a couple has no marital agreement and cannot agree to the terms of spousal support, the court will decide the terms. Give it a try! When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. Spousal and partner support are difficult legal issues.
See a lawyer or a family law facilitator in your court. The family law facilitator will help you for free to:. In order for spousal or partner support to be legally established and officially start, there must be a court case. A spouse or domestic partner can ask the judge to make a spousal or partner support order as part of 1 of these types of cases:.
You can ask for spousal or partner support to be paid while your case is going on. Find out how to ask for spousal or partner support in one of these types of court cases.
For temporary spousal or partner support, judges in many local courts generally use a formula to calculate the amount. Courts in different counties may use slightly different factors in calculating temporary support. The judge will not use a formula to figure out how much spousal or partner support to order at the end of your case. When the judge makes his or her final spousal or partner support order, the judge must consider the factors in California Family Code section The spousal or partner support order then becomes part of your final divorce or legal separation judgment.
Earning capacity and the standard of living during the marriage or partnership A judge must consider what each spouse or partner can earn to keep a standard of living close to what they each had during the marriage or partnership. Length of the marriage or domestic partnership The duration of a permanent or long-term spousal or partner support order is closely related to the length of the marriage or domestic partnership.
The goal of spousal or partner support is that the spouse or partner getting support will be able to support himself or herself within a reasonable period of time. BUT the law also says that the judge has discretion power to make a different decision given the specific circumstances of the case. There is an important exception. The length of the marriage or domestic partnership is generally from the date of the marriage to the date of the separation.
Because the date of separation can have very important consequences when it comes to deciding spousal or partner support, the parties in a divorce or separation case may not be able to agree on a date of separation, and the judge may have to decide what that date will be. Domestic violence and spousal or partner support When deciding spousal or partner support, the judge must take into account documented evidence of any history of domestic violence between the parties.
A family lawyer will make this task easier on you and draft a well thought out agreement with your best interests in mind. Finally, a family lawyer will represent you adequately in the courtroom if necessary. Ken LaMance. Ken joined LegalMatch in January Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone.
Ken holds a J. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Child Custody and Visitation. Child Support. Spousal Support or Alimony. Please provide a valid Zip Code or City and choose a category.
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Please select a city from the list. Connecting …. Are You a Lawyer? Third, when the recipient of spousal support remarries, spousal support will no longer be payable to that spouse unless the parties specifically agreed in their divorce Marital Settlement Agreement that spousal support would continue to be paid even upon remarriage.
The support obligor can file a motion to reduce, limit or terminate spousal support in such a case. A recipient of spousal support may fight a request to terminate or reduce spousal support even though they are cohabiting with another person. For example, suppose the recipient spouse shows evidence that they and their new relationship do not share any expenses and pay for everything separately; in such a case, the presumption would be rebutted because the financial circumstances of the supported party have not changed.
This issue has been the subject of several recent changes in the law. Second, Family Code states that in any case where a spouse is convicted of domestic violence against the spouse within the past five years, there is a rebuttable presumption that the perpetrator spouse is not entitled to receive spousal support.
It essentially means that an ex-spouse is not entitled to sit back, relax and refuse to make a good faith effort to become self-supporting after a permanent support order is entered by the court. As noted, this warning is discretionary.
Sometimes the court will even make this order during the pendency of a divorce case. It often occurs in divorce and legal separation cases that child support is ordered along with spousal support. Naturally, if child support is being paid from one spouse to the other, the amount of spousal support that would otherwise be paid is reduced. When child support ends by operation of law e. For more information about spousal support, contact our office today. We are conveniently located in Temecula and our managing senior attorney, Justine Marren, is able to meet with you immediately.
Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes. Click here to learn more. I have read the Form Disclaimer. This field is for validation purposes and should be left unchanged. Frequently Asked Questions About Spousal Support in Temecula, CA Spousal support is one of the more bitterly contested issues in family law cases, along with child custody matters.
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