Legal Question in Family Law in California

spousal support

How long is a man to give his ex wife alimony when there were no children between them and the marriage lasted 12 years?


Asked on 4/09/04, 3:42 pm

3 Answers from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: spousal support

As long as stated in the final award (or agreement) approved by the judge. That is, unless you seek modification and/or termination of the award, and are successful.

The amount and duration of an award for spousal support will not be based on the length of your marriage alone. There are numerous factors that will be considered by the court.

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Answered on 4/09/04, 4:36 pm
Donald Holben Donald R. Holben & Associates, APC

Re: spousal support

What do the court orders and/or marital settlement agreement say? Need to know that and you will probably have your answer.

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Answered on 4/09/04, 5:49 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: spousal support

Based on the information provided,I am not sure if there is a current order in existence. If there is, then you will go by the terms of the judgment.

Unlike child support, spousal support is not mandatory and is at the court's discretion. There are many factors to be considered including the length of the marriage. However, just because a party requests alimony, that does not mean that he/she will automatically be awarded it.

Because you have a 12 year marriage, you are considered to have a long term marriage and the court is mandated to retain jurisdiction over spousal support unless you both voluntarily waive it.

If there is a court order awarding spousal support and there is not time limit, then you can go back to court seeking termination or a modification - depending, of course, on the circumstances.

Regards, Damian Nolan

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Answered on 4/13/04, 3:18 pm


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