Family Law

San Jose Family Law Attorney Discusses Spousal Support

By Scott Sagaria

San Jose Family Law Attorney Discusses Spousal Support

Spousal support is always a dicey topic when two people are faced with a divorce. When a couple are going through a divorce, one party may not have enough financial stability to pay their expenses without a little help from the other party during the divorce process. In these cases, the court may order that temporary support be given to one of the parties. But the question always remains, how long does temporary support last for? Unlike permanent spousal support, there is no time frame for when temporary spousal support should end

In Re Marriage of Murray, (2002) 101 Cal.App. 4th 581, p. 594, the Court held that ?awards of temporary spousal support rest within the broad discretion of the trial court and may be ordered in ?any amount? subject only to the moving party?s needs and the other party?s ability to pay.? This means that the factors that the court looks to in regard to granting temporary spousal support is the party?s need and if the paying party is able to pay. Therefore, since there is no time frame stated for when it should end, temporary spousal support can last for an indefinite amount of time until the court decides that it should terminate pending a Judgment.

If you have questions regarding divorce or spousal support we at Sagaria Law can help. We handle all types of family law cases. We have five Bay Area locations, including San Mateo, Redwood City, San Jose, Monterey, and Fremont. We offer a free consultation, either in person or over the phone. Call 1-800-941-6730 today to schedule your free consultation with an experienced San Jose Family Law Attorney.

Full post as published by California Family Law Blog on October 01, 2008 (boomark / email).