Legal Question in Family Law in California
Spousal Support & Attorneys Fees
The award of spousal support is an issue in my pending divorce judgment. My marriage lasted a little over ten years. If the court says spousal support is awarded until my death or remarriage does this just mean the court retains jurisdiction for that long so I can ask for support later on if I�m incapacitated or laid off, or do I actually get spousal support until my death or remarriage? I thought I would only get support for half the length of the marriage or for about five years.
Also, I�m asking that my attorney fees be paid by my husband because he makes more money than I do and he has very little expenses. How is this award determined? By income, by expenses? By percentage of income and expenses?
1 Answer from Attorneys
Re: Spousal Support & Attorneys Fees
The court has retained jurisdiction over spousal support. The 1/2 the length of the marriage is merely a goal, and does not apply in a lengthy marriage, that is a marriage of 10 years or more. You will not receive spousal support unless the court makes an order that spousal support should be paid. You can at a future file a motion with to the court to increase spousal support if your circumstances and his income justify such a motion.