Short term and Long term marriages
Spousal Support is generally determined by the length of the marriage. The Family Code is written to reflect the length of the marriage as a factor applicable to both amount and duration of support. Judges have essentially three alternatives in fixing the duration of a
spousal support award. They can make the award payable indefinitely, leaving it to the parties to seek a modification or termination if circumstances change. An indefinite award of
spousal support cannot be modified unless a change of circumstances is established. This does not mean simple passage of time is a change of circumstances.
Judges can fix a support award to terminate after a given number of months or years which is most often favored by the paying spouse. Once terminated, spousal support cannot be re-established. If the judge reduces support to zero but retains jurisdiction to raise it in the future, this is not a termination, but instead a reservation of jurisdiction.
When the marriage is less than 10 years it is considered short duration. Often we find the judges allow one-half the length of the marriage for a short term marriage spousal support award. When over ten years in marriage (long term) the statute says that spousal support must be for an indefinite period.
If your facing a divorce from a long term marriage, call a local qualified
Temecula divorce attorney. At the Temecula/Murrieta
Law Offices of Richard K. Isles you will be represented by a 20 year attorney with a caring efficient staff.
Contact our office today for a consultation.