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After a marriage ends, one spouse may be ordered to financially assist the other spouse in getting on their feet. The difficulties of transitioning from one house into two with the same finances can be difficult. In California, spousal support, often known as “alimony,” serves to help maintain the “marital standard of living.” However, the reality is that the marital standard of living will be adjusted for both parties.
There is no set formula or percentage for determining spousal support, but the Court will look to the status quo when determining a temporary or “pendente lite” support order, which will be in place through the duration of the dissolution proceedings. A separate, final support order will be made at the conclusion of the divorce after the Court weighs certain factors to determine an appropriate amount of support.
Many of the arguments made for child support regarding one spouse’s earning capacity can also be used when litigating spousal support. Is one spouse unemployed or underemployed, commission versus salary based employment, etc.
One important aspect to understand is the impact of the length of your marriage on the duration of support. A long term marriage (over 10 years) does not automatically carry a termination date for the support obligation. In contrast, a short term marriage (under 10 years) will carry an automatic termination date at half the length of marriage. It is important to know all factors associated with getting the most favorable and fair spousal support order. Contact Curtolo Law today to discuss the facts of your case.