Spousal Support FAQ

1.    What is the difference between temporary spousal support and permanent spousal support?

A “temporary spousal support” order is granted on a temporary basis by the court to help the economically disadvantaged spouse maintain the marital standard of living while the divorce proceeding is pending. A “permanent spousal support” order is the financial assistance one spouse pays the other after the judgment of dissolution is entered.

2.    What does the court consider when deciding on a temporary spousal support order?

The court will normally consider each party’s respective needs and ability to pay when setting the amount of temporary spousal support. When setting the amount of temporary spousal support, the courts in Orange and Los Angeles County use a guideline that sets spousal support at 40% of the supporting spouse’s net monthly income, reduced by one-half of the supported spouse’s net monthly income.

3.    Does “alimony” mean the same thing as “spousal support?”

Yes. The two terms can be used interchangeably and refer to the same thing, but California law and the courts more often use the term “spousal support.” The term “alimony” is more commonly used in popular culture.

4.    If I get an annulment, can I still request spousal support?

No. An annulment is granted in situations where the state recognizes that a valid marriage never actually existed. Since no valid marriage has been recognized, there can be no award of spousal support.

5.    Does the fact that I have we have been married for over 10 years have any significant effect on spousal support?

Yes. The duration of a spousal support order generally depends on the length of the marriage. For marriages that have lasted for less than 10 years, the court will generally order spousal support for a period equal to half the length of the marriage.  However, for marriages lasting more than 10 years, the court may not set a date for the termination of spousal support. Instead, the court may order the parties to return to court at some time in the future to determine whether the spousal support obligation should continue.  California law does not condone protracted spousal support obligations, so it provides that the supported spouse is expected to become self-supporting within a reasonable period of time – even for marriages that have lasted for more than 10 years.