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Spousal Support
- Spousal Support is often paid by one spouse to another to assist that spouse with living expenses. The typical rule is that a spouse is entitled to be supported in the standard of living of the marriage; however, the reality is that this does not often happen because the party does not make enough income to do it. It is also the policy of the State of California that all persons must become self supporting, and this policy does affect the amount and length of spousal support orders.
a. Temporary Orders: a court will make temporary orders usually using a computer program. The court has discretion on the amount, and can reduce or lower it depending on expenses being paid by the paying spouse.
b. Permanent Orders are made with the Judgment, and a court usually makes its order based on a variety of factors pursuant to Family Code Section 4320. Some of these factors include the following:
c. Short term marriage is one less than ten years, and the general rule is that the court will maintain its ability to make spousal support orders for one half the duration of the marriage.
d. Long term marraige is one that is generally ten years or more. The court will continue its ability to make orders until the death or remarriage of a party. These orders can be an increase or decrease of support, ordering a spouse to work, and/or reducing support to zero but keeping its ability to make future orders.
Factors in ordering spousal support - Family code: 4320
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