Legal Question in Family Law in California

spousal support

I was married for 31 months. I was told that typical support is one half the period of marrage unless over seven years. Is this correct?


Asked on 2/06/06, 9:07 pm

2 Answers from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: spousal support

A long term marriage is over 10 years not 7. The rule about half the length of the marriage is not really a rule. During the 6 months the divorce is pending the court will order temporary support based upon the computer generated calulation. Any support after that is to be based upon a list of factors that includes the length of the marriage. You can argue that the other factors favor support being terminated. Be aware that the receiving spouse may attempt to delay the completion of the divorce in order to continue the temporary support. If no marital settlement agreement has been reached after 4 months you should be obtaining a trial date.

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Answered on 2/07/06, 3:51 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: spousal support

Spousal support for a marriage of less than 10 years is in the discretion of the judge as to amount and duration. Your zip code is east San Diego County, which means you would have one of the three judges that are sitting in El Cajon. You should talk to an attorney before you pay any spousal support. Good Luck, Pat McCrary

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Answered on 2/08/06, 8:34 pm


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