Spousal maintenance is maintenance that is paid by a husband or a wife to their former spouse following a divorce. Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”).
How long is temporary spousal support in California?
Short-term marriages (less than 10 years in duration): Spousal support is paid for ½ the duration of the marriage. So the higher wage earner in an 8-year marriage might expect to pay spousal support for 4 years.
Can a temporary spousal support order be made?
Yes. Temporary spousal support is an order that is made during the pendency of a case based on the payer’s ability to pay and the recipient’s need for money. While there are many other factors that the court can consider when making a temporary alimony order, those are the primary concerns for the court.
What does temporary maintenance mean in a divorce?
Temporary maintenance is support to be paid by the monied spouse to the less monied spouse while a matrimonial proceeding is going on. In other words, from date of commencement through the final order of support, which could be years, a less monied spouse may receive temporary maintenance.
Can a court use a guideline for spousal support?
No. The statutory and case law is clear that the court is not permitted to review or rely upon the “guideline” spousal support calculator in determining permanent spousal support under Family Code 4320.
What is the presumptive amount of temporary maintenance?
the contributions and services of the party seeking temporary maintenance as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and any other factor which the court shall expressly find to be just and proper. DRL 256-B (5-a) (c) (2). 3. Deviating from the Presumptive Amount
