Legal Question in Family Law in California

Hello, I have two questions. I was married for over 10 years and seeking spousal support, for how long is spousal support allowed in California?

I am deciding to move from my current location to an apartment sharing it with my current significant other, will this effect my ability to receive spousal suppport?

Thank you.


Asked on 3/15/12, 11:08 am

4 Answers from Attorneys

Michael Schneider Family Law Center

The general rule of thumb is that spousal support is payable for 1/2 the duration of the marriage, unless the marriage is in excess of 10 years, and then there is no termination date put on it.

If you move in with your current "significant other" that may be a basis for the court to not give you any spousal support.

Good luck!

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Answered on 3/15/12, 12:01 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Spousal support can be impacted if you are cohabiting with a romantic partner. This arrangement raises the presumption under the law that your financial situation may not require the same level of spousal support or, possibly, any spousal support.

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Answered on 3/15/12, 12:37 pm
Brian McGinity McGinity Law Office

I agree with both Mr. Schneider and Ms. Kock regarding the cohabitation and spousal support issue. The court will generally presume that you are living together then you are also sharing expenses and that you are sharing income. This can have an effect on a spousal support request and order.

In California a long term marriage is defined as any marriage that is ten (10) years or longer in duration. Once the 10 year mark is achieved spousal support can be a continuing issue. It doesn't alway mean spousal support will be awarded but it can be an ongoing issue.

Good luck

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Answered on 3/15/12, 2:04 pm


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