In a previous blog, we discussed the general rule and/or principal for the ordering of spousal support. We discussed how if the parties have been married for less then 10 years, the higher income earner will have to pay spousal support to the other spouse for a period of time that equals half the length of the marriage. We also discussed how if the parties have been married for more then 10 years, the higher income earner will have to pay spousal support to the other spouse for the rest of the other spouse’s life or until he or she remarries.
Now we will discuss how the court may deviate from this general rule and/or principal and deny spousal support. The Court is given discretion to deny the ordering of spousal support if certain factors are present. We will now go over these factors:
–    The spouse seeking support has sufficient separate property assets;
–    The spouse seeking support is satisfactorily earning is or her own livelihood;
–    There is sufficient community property to provide for his or her support; or
–    The spouse who is being asked to pay the spousal support has custody of the minor children and is supporting them.
It is important to note that not all of these factors have to be met in order for the
Court to deny spousal support. Rather, just one of these factors is enough for the Court to decide to deny spousal support.
Also, per the Family Law Code, there are instances when the Court must deny
Spousal support. The Court must deny spousal support when:
–    The spouse seeking support acquires a separate estate or income from his or her employment sufficient for his or her support, and
–    There are no minor children from the marriage.
We hope this gives you some basic insight into when and/or how the court may and must deviate from the general 10-year rule and deny spousal support. If you or a loved one needs help with a spousal support issue or any other type of family law matter, call Wallin and Klarich today. Wallin and Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days week, 24 hours a day! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! A qualified, experienced family law attorney from the firm will be able to evaluate your case when you call.