Spousal Support

California courts can award maintenance (also referred to as alimony or spousal support) to either spouse in the event of a divorce. Spousal support is intended to provide an adequate post-divorce income for a spouse who was dependent on the other spouse during the marriage.

The court can award any amount of money necessary for the support of the recipient spouse, based on the facts and circumstances at the time the award is granted.

The judge will examine the following before awarding spousal support:

• Length of the marriage
• Conduct of the parties during the marriage
• Age and health of the parties
• Occupations and incomes of the parties
• Sources of income
• Vocational skills and employability of the parties
• Assets and debts of the parties
• Any special needs of the parties
• The opportunity of the parties to acquire future income and assets

In California, there are three types of spousal support: permanent, rehabilitative, and restitutional.

Permanent Alimony is intended to pay for a spouse's food, housing, clothing, and other provisions indefinitely. If a spouse requests permanent alimony, he or she must prove a need for support. A change in circumstances may lead to a review of the arrangement.

Rehabilitative Alimony is designed to support a spouse while he or she develops job skills in order to secure employment. This is a common, temporary form of alimony.

Restitutional Alimony is intended to make up for one spouse's support of the other while he or she was pursuing an education or enhancing vocational skills. Restitutional alimony is temporary.

Whether to award spousal support can be the most difficult decision in the divorce process because it affects the livelihoods of both spouses. If you are going through a divorce where support is an issue, contact Marshall Law PC. Our team of skilled attorneys specializes in spousal support cases. We will develop a legal strategy to win your case and fight the financial limitations that spousal support often presents.