Spousal Support

Is spousal support automatic?

No. Unlike child support, the court has broad discretion to award spousal support.  The court must consider various circumstances including the standard of living during the marriage and the parties need and ability to pay.

How long does spousal support last?

The general rule is that spousal support can last up to half the length of the marriage.  However, in long term marriages (over 10 years) the length of spousal support can be longer.  The modern trend is that even in long term marriages, people should be self supporting, and no longer receive spousal support, after half the length of the marriage.

What circumstances and factors must the court consider in determining spousal support?

The court must consider factors listed in Family Code 4320. 
These factor are: the ability to maintain the marital standard of living in light of earning capacity, contributions to the other spouse’s education or training, supporting spouse’s ability to pay, the parties needs based on marital standard of living, parties’ assets and debts, duration of marriage, employability of spouse compared to the impact on children, age and health of the parties, any history of domestic violence, tax consequences, any hardships, the goal that each party become self supporting, any spousal abuse convictions, and any other just and equitable factors.