California Family Law: Spousal Support

About Spousal Support

Unlike child support, Spousal support is not mandatory and is made entirely at the discretion of the judge. For a short term marriage the maximum term for support is usually one half the term of the marriage. For a long term marriage (10 years or more) there is no such guideline. The court may make an order for an amount and term which the court determines to be fair. However, it is the intent of the legislature that each person becomes self-sufficient at the earlest possible time and the court may issue a Gavron order to that effect. Additionally, when a party is living with a member of the oposite sex, there is a rebuttable presumption that any support should be decreased or terminated. ( Although proving co-habitation is often more easily said than done).

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