Legal Question in Family Law in California

spousal support

My husband and I agreed to do our divorce through a paralegal as a way of keeping the cost down. The paralegal has told me that the amount of spousal support is determined by a 'formula'' (I'm sorry, I've forgotten it's name). Yet it was my understanding, during a consultation I had with an attorney several months ago, that it is illegal to use a formula for the purpose of determining permanent spousal support. Is this true, or did I misunderstand?

Also, since we were married almost 21 years before we separated, can I expect to receive spousal support til I die or remarry? Will he be required to pay spousal support if and when he retires?

I'd appreciate any information you can provide.


Asked on 3/31/05, 6:52 pm

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: spousal support

Why would you use a document preparation service for something so important? The person who gave you the "advice" if he/she is not an attorney then he/she is practicing law illegally - and not doing a very good job.

The attorney with whom you spoke is correct. There is no guideline amount for permanent spousal support - it is discretionery with the court subject to Family Code Section 4320 et seq. [This section continues former Civil Code Section 4801(a)(1)- (10) without substantive change.]

For your own sake, please retain an attorney to assist you - the legal fees will be money well spent.

Regards,

Damian Nolan

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Answered on 4/01/05, 2:43 pm


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