Spousal Support Overview

Two issues arise with regard to spousal support: The amount of spousal support and the duration of spousal support. The duration of spousal support is closely linked to the length of the marriage. Frequently, practitioners speak of the ‘rule of thumb’ that spousal support will last for one-half the length of the marriage. The duration of spousal...

Long Term Spousal Support

In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. The California legislator has enacted a statute which indicates that when permanent support is established at the time of trial, it is an abuse of discretion for the court to set a future termination date if the marriage is...

Is It Possible To Terminate Long-Term Spousal Support?

Many clients approach me and ask if it is possible to terminate spousal support. Often times these people were previously married for a long duration and have been paying a significant amount of support for several years, and sometimes for many years. Often times these people were told by their prior counsel that they would have to pay spousal support for many...

Modification Of Spousal Support

Spousal support awards and agreements are modifiable throughout the support period except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal...

Termination Of Spousal Support

Contrary to popular opinion, there is no such thing as “lifetime spousal support.” In many cases where the court has ordered a long-term support obligation, it is still possible to step-down and ultimately terminate spousal support over time. It is important for the supporting spouse to ensure that at the time of Judgment that the court issue a...

Enforcement Of Orders

Enforcement Of Orders

Many remedies are available to enforce court orders, both with respect to custody, as well as with respect to child and spousal support orders. Some of the most common of these remedies include: Contempt: A party subject to a valid order who with knowledge of the order and the ability to comply with the order, fails to comply with the terms of the order, is...