Call us today for a free consultation

Phone: 818-292-8658
Fax: 818-292-8660

kathy@kathyneumannlaw.com

Westlake Village

2625 Townsgate Rd, Suite 330
Westlake Village, CA 91361

Sherman Oaks

(Comerica Bank Building
in the Galleria)
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403

Spousal Support

Spousal support is commonly referred to as “alimony.” It is the payment of money from one spouse to the other spouse, after a Petition for Dissolution of Marriage, Petition for Legal Separation, or Petition for Dissolution of Domestic Partnership has been filed. It is based, in part, on the need of one party, and the ability of the other party to pay.

Temporary Spousal Support - After a Petition is filed, but before the final Judgment is entered, one spouse may be ordered to pay support to the other, (or may be agreed to between the parties). This order will continue to be in effect until and unless it is modified by agreement or by a Judge’s order. Temporary “Guideline” spousal support can be calculated by using the DissoMaster program.

Permanent Spousal Support - A spousal support order stated in a Judgment is called a “permanent spousal support order. In reality, this award may, or may not actually be “permanent.” The Order may include a termination date, conditions for terminating payment of support, such as co-habitation or remarriage of the receiving spouse, a specified “step-down” plan in which the payments are reduced over time, or conditions for receiving support such as requiring the receiving spouse to make good faith efforts to become self-supporting. Unlike child support, spousal support can be waived, can be exchanged for an asset, and can be paid in a lump-sum.

Presumed long-term marriage - The Courts consider a marriage of 10 years or longer to be a longterm marriage. Depending on many factors in addition to the length of the marriage, a spousal support order in a long-term marriage can be permanent, and can be non-modifiable, however that is not always the case, and depends on many facts.

Presumed short-term marriage - A marriage of less than 10 years is considered a short-term marriage. Depending on many factors detailed below, spousal support will usually be ordered for a period of time that is, at most, one-half the length of the marriage. However, this too, is not always the case, and depends on many facts

Permanent Spousal support orders cannot be determined by the DissoMaster. Instead, the amount and duration of “permanent” spousal support will depend on many factors including:

• The length of the marriage
• The age and health of the parties
• The earnings or earning ability of the parties
• What each person needs based on the standard of living they had during the marriage or domestic partnership
• The standard of living during the marriage or domestic partnership
• Whether having a job would make it too hard to take care of the children
• Debts and property
• Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license
• Whether there was domestic violence in the marriage or domestic partnership
• Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home
• The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships)

We can help determine your rights to receive, or duty to pay spousal support. Call us today.

Practice Areas

• Divorce
• Annulment
• Child Custody
• Child Support
• Legal Separation
• Spousal Support
• Parentage
• Domestic Violence
• Prenuptial
• Property Division
• Mediation