Spousal Support A-Z

One of the key issues that arises in a divorce proceeding is spousal support, aka alimony. Spousal support comes in two varieties, temporary spousal support and long-term spousal support. Spousal support is something that has to be requested by one of the parties. If neither party requests it, jurisdiction will be reserved on the issue unless the parties agree to terminate it in the judgment paperwork. By reserved, we mean that court will continue to have the ‘ability’ to award it if one of the parties requests it at a later time (usually by filing a “Request for Order.”)

There are a lot of hypotheticals here as we talk about spousal support. In some instances it can be very formulaic, but it can also is incredibly case specific. This is one of the areas where it is always a better idea to consult a lawyer to know your rights. Ideally, you and your spouse can reach an agreement regarding the amount of support one of you will pay to the other, how long it will last, and what circumstances would allow it to be modified. But often this is not the case because we live in California and the cost of living is high.

There are two types of spousal support, temporary support and long-term support. They are different and have very different criteria.

The major pain points of spousal support revolve around (1) The determination of the amount of spousal support owed from one spouse to the other by the Court or the parties by agreement, (2) the duration of the support and how that is decided, and (3) the modification of both kinds of support and what the parties will have to show. Sign up for a free subscription to read an in-depth discussion about the key considerations regarding spousal support.

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