Types of Spousal Support (Temporary and Permanent)

There are two types of Spousal Support orders made by San Diego Family Law judges in divorce cases; Temporary or “Pendente Lite” orders and Permanent orders.

Temporary Spousal Support
Upon the initiation of a petition for divorce and prior to either a marital settlement agreeement or final judgment of divorce, should one party request an order for spousal support, the family court judge will consider issuing such an order if there is a legitimate need for the order considering the circumstances of the parties at the time of separation (the status quo). The court will generally make an order sufficient to ensure that the status quo is maintained such that the supported spouse may continue to live as close to the marital standard as possible as long as the supporting spouse has the ability to contribute.

Permanent Spousal Support

Permanent Spousal Support is the sposual support order made by the court either through the incorporation of a marital settlement agreement or a final judgement of divorce after trial.

Permanent Spousal Support is almost always considerably less than the temporary order especially in cases of short term marriages and cases wherein a large amount of assets are divided. This is because when making the permanent order, the family law court judge will review a number of factors including the earning ability of the supported spouse.

If you need legal advice regarding a temporary or permanent order for spousal support call for a free consultation from an experienced
San Diego Divorce Lawyer
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Duration of Spousal Support Orders

With respect to the duration of a spoual support order, there are two categories of marriage:  long term and short term.According to California Divorce Law, a long term marriage is a marriage that lasts for at least 10 years.  A short term marriage is a marriage that lasts less than ten years.  The length of marriage is measured from the date of marriage to the date of separation.The general rule followed by San Diego Divorce Courts is that the duration of spousal support in a short term marriage should be 1/2 the term of the marriage.  So in a situation wherein a couple was together for 5 years, the length of the spousal support obligation should be at most 2.5 years.  Keep in mind that this is a guideline and exceptions can be made in rare circumstances.

When it comes to a marriage of long duration, the family law court will not order a termination date for spousal support.  The duration is technically indefinite.  The supporting spouse, if seeking a reduction or termination in permanent spousal support in a long term marriage has the affirmative obligation to seek a modification and/or termination of the support obligation or it will never change.

Spousal Support Factors

When considering the proper amount of a permanent spousal support order, a San Diego Family Law Judge must consider what family lawyers call “4320 factors.” The “4320 factors” are a list of 14 factors codified in California Family Code Section 4320.

These factors include considerations of the following: length of the marriage; the health and age of each party; each party’s respective earning capacity considering skills, education, and periods of nonemployment due to child rearing; contributions to the education of either party during the marriage; any recorded domestic violence; tax consequences; the needs of each party and the ability of the supporting spouse to contribute toward the support of the other spouse.

The overarching consideration when making an order for spousal support is the consideration that the supported spouse shall become self supporting within a reasonable time. The court will consider whether or not the party seeking support has taken reasonable measures to become self supporting.

Permanent Spousal Support orders can be modified.
Call now to speak with an experienced San Diego Divorce Lawyer to see if your spousal support order can be modified. 888-852-6469