How long does spousal support last in California? You may be asking this question if you have recently gone through or are expecting to go through a divorce in California. There are several variable aspects to spousal support, and each case is unique. A spousal support lawyer could be a good resource to help you navigate the complexities of the California state legal system. They can also help you gain a firm understanding of how spousal support works in the Golden State.
Temporary vs. Permanent Support
Spousal support can come in two forms: temporary or permanent. Temporary support is ordered to be paid during the divorce proceeding. This is intended to help one spouse in the interim until the divorce proceeding is finalized. Temporary support may be eliminated or replaced with permanent support.
Permanent support, also known as long-term support, is awarded once the divorce is finalized. Despite its name, it may not last forever. In California, spousal support will largely be decided based on the length of the marriage. For marriages that lasted less than ten years, support could last half the length of the marriage. For marriages that exceed ten years, there is no set limit for support duration.
What Can Impact Spousal Support?
There are a multitude of factors to be aware of that could affect spousal support in California.
- Each spouse’s financial position and needs
- The age and health of each spouse
- The length of the marriage
- Any evidence of abuse, neglect, or domestic violence
Tips for Navigating Spousal Support
It can be difficult to understand how spousal support may be awarded. To ensure that you get the outcome you are hoping for, you should:
- Keep your emotions under control. Divorces and spousal support negotiations can be highly sensitive and emotional topics. You may hate your spouse and want nothing more than to never see them again. However, you must demonstrate to the court that you are cooperative and want an amicable resolution. If you let conflict get in the way of productive discussions, it could prolong your ability to finalize a support agreement.
- Display effective communication. During the negotiation process, it’s important that you respect and communicate with your ex-spouse. You should try to keep them informed of your feelings, desires, and wishes regarding your post-divorce relationship. Refusing to communicate or attempting to spring something on them is very unproductive. An attorney can help the two of you communicate if necessary.
- Look for solutions. You should focus your attention on seeking solutions rather than getting caught up in fruitless arguments.
FAQs
Q: How Long Are You Entitled to Spousal Support in California?
A: The length of time you are entitled to spousal support in California will vary, depending on several factors. The most influential factor is the duration of the marriage. The longer the marriage lasts, the longer the spousal support can last.
California bases its determinations on a ten-year timeframe. For marriages that lasted less than ten years, the support will last half the length of the marriage. For example, if a marriage lasted six years, support could last three years. Marriages that lasted longer than ten years have no definitive length for spousal support.
Q: Is There a Statute of Limitations for Spousal Support in California?
A: There is no statute of limitations for spousal support in California. Once the court has ordered spousal support payments to be made, the case remains open until the alimony is paid. You can petition the court at any time for help enforcing support payments. Spousal support is typically agreed upon during the divorce proceeding. If there is a change in circumstances, spouses could request a modification from the court.
Q: What Disqualifies You From Alimony in California?
A: You could be disqualified from alimony in California if you have a history of criminal convictions, abuse, or violence. These types of convictions speak to the character of the spouse and will influence the court’s decision. Additionally, the court will look at each spouse’s income and earning capacity to determine eligibility. If the spouse seeking alimony has a high-paying job or a reliable source of income, permitting them to live the same lifestyle that they had when they were married, they could be denied alimony payments.
Q: What Stops Spousal Support in California?
A: There are multiple things that could stop spousal support payments in California. There could be a change in earning capacity or income for either spouse. If the receiving spouse’s income increases dramatically or they become fully self-sufficient, the court may order spousal support payments to cease. Oftentimes, spousal support is ordered with the intention that payments will stop once the spouse is established on their own. Support could also end if one spouse dies or if the receiving spouse remarries.
Q: Can You Negotiate Spousal Support in California?
A: Yes, you can negotiate spousal support in California. The duration and amount of the support can be negotiated between spouses. For example, some spouses negotiate an agreement where the paying spouse pays more at the beginning and less as time goes on. Some spouses agree to pay a large amount each month over a short period of time. An experienced spousal support attorney can help you negotiate your spousal support payments, whether you are seeking support or are being ordered to pay.
A Law Firm That Can Help
Spousal support is an important part of every divorce case. Whether you are a spouse seeking support or are ordered to pay support, you need an attorney on your side. An attorney can help you through the process and ensure that you get a fair case.
At Hayes Family Law, our legal team is experienced in helping individuals with their spousal support cases. Our lead attorney, a Napa native, is a seasoned litigator with over ten years of legal experience, exclusively in California family law. We take pride in helping clients all across California, and our compassion, dedication, and determination set our firm apart. Contact us today to speak with a member of our team.
