Q: What is continual spousal support?
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A:
Under California law, continual spousal support, also known as permanent spousal support or alimony, is a form of financial support paid by one former spouse to the other following a divorce. The purpose of continual spousal support is to help the lower-earning spouse maintain a standard of living close to what they had during the marriage.
Key points about continual spousal support in California:
1. Duration: Despite the term "permanent," the support may not necessarily last indefinitely. The duration of support depends on various factors, such as the length of the marriage and the earning capacity of each spouse.
2. Eligibility: Continual spousal support is typically awarded in cases where one spouse has significantly lower income or earning potential than the other, often due to sacrificing career opportunities during the marriage.
3. Factors considered: Courts consider several factors when determining the amount and duration of support, including the length of the marriage, each spouse's earning capacity, age, health, and standard of living during the marriage.
4. Modification and termination: Continual spousal support can be modified or terminated if there is a significant change in circumstances, such as the receiving spouse remarrying or the paying spouse experiencing a substantial decrease in income.
5. Separate from property division: Spousal support is a distinct issue from property division in a divorce and is determined separately.
It's important to note that spousal support laws can be complex, and the specific details may vary depending on the circumstances of each case. Consulting with a qualified family law attorney is recommended for personalized advice.
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