Spousal Support
Although spouses do not owe each other a duty to support each other once they are separated, during the pendency of a dissolution or legal separation proceeding, the court “may order”one party to pay “any amount that is necessary” for the other's support consistent with the requirements of Family Code § 4320(i) and (m) and 4325.
Until entry of the final judgment, pendente lite (or temporary) spousal support is properly awardable without regard to the merits or procedural posture of the case.
Unlike most instances of child support, a spousal support award is not mandatory in dissolution or legal separation proceedings. In fact, courts have discretion to deny spousal support in its entirety or to limit it in an amount and duration that reflects the ability of both parties to provide for their own needs. This length of time can vary greatly based on the marital circumstances.
Whether to order spousal support and, if so, its terms is judged broadly by the parties' “circumstances” in reference to the standard of living established during their marriage and their respective needs. However, the court is bound to consider 14 statutory factors set forth in Family Code § 4320. Regardless of the statutory factors, the ultimate decision—as to amount, duration and whether to retain spousal support jurisdiction—rests within the court's broad discretion. Furthermore, a judge's spousal support order is rarely overturned on appeal.
Given the broad discretion afforded to the magistrate, it is advised that prudent parties retain knowledgeable counsel to advocate the 14 statutory factors in their favor.
Until entry of the final judgment, pendente lite (or temporary) spousal support is properly awardable without regard to the merits or procedural posture of the case.
Unlike most instances of child support, a spousal support award is not mandatory in dissolution or legal separation proceedings. In fact, courts have discretion to deny spousal support in its entirety or to limit it in an amount and duration that reflects the ability of both parties to provide for their own needs. This length of time can vary greatly based on the marital circumstances.
Whether to order spousal support and, if so, its terms is judged broadly by the parties' “circumstances” in reference to the standard of living established during their marriage and their respective needs. However, the court is bound to consider 14 statutory factors set forth in Family Code § 4320. Regardless of the statutory factors, the ultimate decision—as to amount, duration and whether to retain spousal support jurisdiction—rests within the court's broad discretion. Furthermore, a judge's spousal support order is rarely overturned on appeal.
Given the broad discretion afforded to the magistrate, it is advised that prudent parties retain knowledgeable counsel to advocate the 14 statutory factors in their favor.