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“Permanent” Spousal Support in California

Posted by Ahluwalia Law Professional Corporation | Jun 24, 2014 | 0 Comments

Hiring experienced Family Law Attorney to help you go through a divorce safeguards your rights during the process. This is especially important when it comes to spousal support issues.

Spousal support, also referred to as alimony or maintenance, is the money paid by one spouse to the other to help him/her maintain similar standards of living enjoyed during the life of the marriage. The duration of spousal support depends on different circumstance including the ability of your attorney, the particulars of your case, the discretion of the court etc. Thus, hiring the right attorney is the first step to a favorable settlement.

There are two possible types of spousal support that you might receive when going through a divorce: permanent and temporary spousal support. For starters, as the divorce process is taking place, a spouse normally receives temporary spousal support. This is one of the ways a court ensures that no spouse is not left destitute because they are going through a divorce. Under California's laws, temporary support ceases at the end of the divorce process. We also have ‘permanent' spousal support which is defined as the long term financial support paid to a spouse after the finalization of the divorce process.

The term “permanent spousal support” does not in any way imply that the spouse is entitled to an assured amount of support for the rest of their lives. The rules governing the length, duration, or amount of such support vary depending on the court's application of the guidelines provided in Section 4320 of the California Family Code to the facts of your case. Thus, the final determination will depend on your attorney's ability to demonstrate favorably to the court your previous marital standard of living in light of Section 4320 of the California Family Code.

There are several factors to keep in mind when it comes to your application for “permanent” spousal support. First, this type of support is only available after the final divorce decree is issue by the court. Second, once the court issues the final divorce decree in a marriage of long duration, it retains indefinite jurisdiction over any type of support unless you and your former partner come up with a separate agreement. Third, if you do not come up with a separate agreement, the court has the power to issue, vary, or cancel orders relating to matters of spousal support. This means that such support is not rely ‘permanent' since the court maintains the final discretion.

Section 4320 of the California Family Code sets out the factors that a court considers when determining the amount of “permanent” spousal support. Any orders issued by the court under this Section are subject to future variation or cancellation. This is why you need a dedicated partner to protect your rights. At Ahluwalia Law P.C, we are specialists in providing tailor made services for clients going through a divorce. Please get in touch with us today with any inquiring about how we might serve you in any spousal support issues.

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