The Law Office of ATTORNEY PRACTICE

Mansouri Law Offices
9601 Wilshire Blvd., Suit 630
Beverly Hills, CA 90210

Phone
310.271.2600
310.271.2291

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Unlike Child support, spousal support (aka alimony) is not mandatory, and is completely within the discretion of the Judge, within certain limitations.  As a general rule, a spouse in a short-term marriage (10 years or less) is eligible for spousal support for a maximum of half the term of the marriage.  Therefore, if a marriage lasted 6 years, one spouse may be entitled to a maximum of 3 years of support.  For long-term marriages (10 years or more), the court will likely retain jurisdiction to award spousal support indefinitely.  In either scenario, spousal support will undoubtedly end upon the death, marriage or cohabitation with another individual. 

Unlike child support, spousal support is completely within the discretion of the presiding Judge.  The Judge, after hearing argument from the attorneys, will decide (a) if you are entitled to spousal support; (b) how much you should receive as spousal support; and (c) for how long such support should continue.

The amount of spousal support is determined by several factors, such as length of marriage, the degree to which the spouse requesting support contributed to the ability of the other spouse to provide income, whether young children are present, and others.

If your marriage was short-term (generally ten years or less), spousal support, if available, is only available for half the term of your marriage.  On the other hand, if you have been married for over 10 years you may be entitled to spousal support indefinitely.

Not all divorce cases involve spousal support. This financial arrangement is determined on a case-by-case basis and considers the earning capacity of each spouse. The bottom line in determining spousal support is to allow each spouse to maintain the standard of living that has been established during the term of the marriage. The court looks at the marketable skills of each spouse, whether training may be necessary for the supported party to acquire appropriate education and skills needed to support his/herself, and several other factors, including:

• The obligations and assets, including the separate property, of each party
• The duration of the marriage
• The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party
• The age and health of the parties.
• Documented evidence of any history of domestic violence
• The immediate and specific tax consequences to each party
• The balance of the hardships to each party
• The goal that the supported party shall be self-supporting within a reasonable period of time.
• The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award
• Any other factors the court determines are just and equitable.

Once an underlying action for dissolution of marriage or legal separation has been filed, the Court can address the issue of spousal support in the underlying action. There is no legal obligation to pay spousal support by one parent to another other until there is a Court order. In limited situations, the Court can order spousal support in a nullity action. A Court order is obtained by filing a hearing. Further discussion of spousal support can be located by referring to the appropriate underlying action.