Q: What is continual spousal support?
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.
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.
