-layout image- Elaine L. Heine, Attorney at Law
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Family Law

Spousal Support California

A spouse who has not been working or who has not been earning an income close to that of the other spouse is usually entitled to spousal support or alimony. Temporary spousal support is sometimes figured by using the California spousal support calculator or California alimony calculator. Permanent California spousal support or California alimony is not calculated based on a formula as child support is, but rather based on factors found in the Family Law Code which may be interpreted in a variety of ways. The earning capacity of each party and the standard of living established during the marriage is taken into account when awarding spousal support. The amount of the support lies within the discretion of the Court based on numerous factors and therefore it may be in the best interests of the parties to negotiate spousal support prior to the litigation of the same.

Typically spousal support lasts for one half the length of the marriage; however in marriages over ten years the court will retain jurisdiction to award spousal support indefinitely. Spousal support ends when the supported party remarries or dies or the supporting party dies. As with child support, spousal support may be modified based on changed circumstances (change of income) unless the parties have agreed that spousal support is non modifiable. The parties may agree to waive spousal support or exchange it for an asset.