Riverside, CA asked in Divorce and Family Law for California

Q: How long does spousal support typically continue in cases of long-term marriages?

While I understand that the code states that spousal support continues until the death of either party or the remarriage of the supported party for cases of long-term marriages, I know the supporting spouse could request that spousal support be terminated or reduced at some point. I'm wondering what happens in most cases where there had been a long-term marriage? Do you see spousal support continuing until death in most cases or do judges typically order a step down or termination of support at some point?

Related Topics:
1 Lawyer Answer
Indy  Colbath
Indy Colbath
  • Walnut Creek, CA
  • Licensed in California

A: Post-dissolution litigation of spousal support is one of the most difficult and expensive undertakings in family law. For long term marriages, the law states that there is a presumption of permanent support, until the death of either party, or the remarriage of the supported spouse. Courts do recognize that circumstances change, including but not limited to the paying spouse retiring, the recipient spouse moving in with a new partner, the recipient spouse earning more money, etc. Ultimately, the trial judge has discretion on whether or not to order a modification or termination. You should consult with a local attorney to obtain their opinion about your matter.

Answering this question does not constitute legal advice, guarantee any outcomes, nor does it constitute the formation of an attorney-client relationship.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.