We get several calls each week from spouses wondering if they will have to pay spousal support. They also wonder how much spousal support they will have to pay and for how long. Each case is different and will be assessed individually by the courts. However, there is a general rule and/or principal that the Family Law Courts in California follow when determining how much Spousal support to award (if any) and to which party to award the support to. This general rule and/or principal is not codified per se in the books as a law, but rather has been developed over the years through via case law. We will now discuss this general rule and/or principal.
– First, the court will look at the disparity in income and the length of the
marriage.
– The general rule is 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. So for example, if the parties were married for 6 years, then the higher income earner would have to pay the other spouse spousal support for 3 years.
– Meanwhile, 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 this is the general guideline for the payment of spousal support, but it
can be deviated from by the court. In fact, in a future blog, we will address just how the court may deny spousal support to a spouse.
We hope this gives you some basic insight into the general rule for the ordering of 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 attorney at our family law firm will be able to evaluate your case when you call.
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