Under California law, spousal support is not permanent. Though, the duration of this court order can vary depending on numerous factors. Commonly, the duration of spousal support depends on the amount of time that a couple is married. The purpose of spousal support is to provide financial support to a former spouse while that individual commits to becoming self-sufficient and financially independent. Under some circumstances, a court may order an individual to pay temporary spousal support until the conclusion of divorce proceedings.
On the other hand, the court can also order that a person makes regular spousal support payments, which is otherwise known as permanent spousal support. There is a striking difference between both forms of spousal support. Keep reading to learn more about the core concepts of both spousal support types in California.
Temporary Spousal Support
In some cases, spousal support may be ordered from the date the divorce is filed to time in which a final judgment of the dissolution has been obtained. This form of spousal support is considered to be temporary, but the process of these legal proceedings can last several months. During this time, an individual is required to make consistent payments to their former spouse in order to support them financially. Of course, temporary spousal support is only possible if the couple is physically separated.
The court will often order the individual with the highest income to make these payments to their former spouse, usually to pay for living expenses, legal fees, etc. If there is no relative difference between the incomes of both individuals, the court may forgo the option of temporary spousal support and instead focus on the commencement of the divorce proceedings.
Permanent Spousal Support
In California, permanent spousal support is the continual financial payment to a former spouse after a divorce has been finalized. While this legal term is cited as being “permanent,” people ordered to make these payments are not required to do so forever. This is simple legal terminology that specifies that an individual will have to make spousal support payments for a specific amount of time after a divorce. Similar to temporary spousal support payments, the funds received by the recipient will be used to cover their living expenses commensurate with the standard of living that was established during the marriage.
Though, if the Gavron Warning clause has been added to your judgment, you can ask the court to reduce or eliminate your obligation to make these payments if a reasonable time has been given to the recipient to become financially independent. In addition, the term of permanent spousal support generally depends on the amount of time a couple has been married. For example, if a couple has been married for less than 10 years, the term of spousal support will only last 5 years, at the most.
What is The Ideal Situation?
Honestly, both legal situations have their fair share of consequences, so there isn’t an ideal situation. However, if you look at both of these aspects from a basic legal standpoint, these situations are both temporary according to our spousal support attorneys. Whether the court order temporary or permanent spousal support, your payments will only be given to the recipient on the grounds that they will become self-sufficient over time.