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Termination of Spousal Support

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How to Terminate Spousal Support in California

Alimony or spousal support termination is a polarizing issue during a divorce. And divorced spouses often continue to battle it out over the details of spousal support termination after the divorce is final. Laws governing spousal support termination vary significantly depending on the length of the marriage. Shorter-term marriages typically result in easier termination. The longer the marriage was, the more contested and high conflict the negotiations tend to be regarding when and how spousal support is terminated. How does the court decide when to terminate alimony, and what do the parties involved need to know about spousal support termination?…

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California Spousal Support: The Ten Year Rule is a Myth

Many California couples considering divorce fear what they call the “ten-year rule.” A common misunderstanding is that when a couple married longer than ten years seeks a divorce, there is a rule in place that requires alimony on an indefinite basis, but there is no such rule. The reference is to Family Code Section 4336(a) which says that when a marriage is of “long duration” the court “retains jurisdiction” indefinitely after the divorce is final unless the parties come to a different agreement. The fact that the court (in most marriages of long duration) retains jurisdiction doesn’t necessarily mean that…

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Timing Your Divorce Right: The Ten-Year Rule

Under California law, the lower-earning spouse getting a divorce may be entitled to spousal support for a longer term if he/she has been married to their current partner for ten years or more.  If they have been married for less than ten years, spousal support is generally limited to a duration that is equal to half the length of the marriage. Sounds a tad confusing? Let us illustrate it with the help of an example. A and B are going through tough times and considering a divorce. A is the higher-earning spouse here, so it is A who is expected…

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Concepts About Terminating Spousal Support

Terminating spousal support is a big issue. The party that is receiving the support wants to be supported for as long as possible and the party that is paying for the support wants to end it as quickly as possible.  There are reasons for ending spousal support, such as: The person getting the support may no longer need it as they are self-sufficient The person paying the support might not be able to afford to pay for it any longer The person getting the support is making no efforts to be self-sufficient The person getting the support has remarried How…

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Who Pays Alimony in Divorce?

Every time you hear the word ‘alimony,’ you are probably thinking of a man writing out all of his monthly salaries off to his vengeful ex-wife. It is normally taken to be that way in popular culture. Movies and TV shows often use this as a device for easy comedy. The loser husband going broke every month while the woman in question has an easy life spending all that money. It works as a plot device, but in real life, this is not the case. In fact, in a lot of ways, it can be quite misleading. If you think…

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How is Alimony Calculated?

When a couple files for a divorce and the proceedings have begun, the court may be inclined to award one of the former spouses alimony based on a decision it makes or an agreement that has been reached by the couple. Alimony or spousal support can be described as a support system that limits the unfair economic effects that a divorce could have on the spouse who is unemployed or earns lesser among the two by paying a continuing income. One justification for the alimony is that one of the spouses may have decided to step back from a career…

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What Are The Conditions Related To Spousal Support Post-Divorce?

Alimony (spousal support) is the legal obligation of one person to financially support his or her spouse before or after marital separation or after filing for a divorce. The state family laws will affect the conditions of payment of alimony or spousal support in the United States. Initially, it was always the man who would have to financially support the woman post the divorce but nowadays the U.S. state family courts assess the financial position of both parties before deciding who will pay whom alimony. Factors affecting alimony in the U.S.  In the United States, each state varies from the…

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How Can Cheating On Your Spouse Affect Alimony?

People fall in love, get married, and start families every day. But, unfortunately, marriages fall apart more often than people would like. And one of the biggest reasons behind this is infidelity. When adultery pushes a marriage to divorce, it becomes a painful experience for everyone involved. Some divorce cases have been known to turn rather nasty and go on for years before settlement. If you are someone who is on the verge of filing for a divorce because your spouse was unfaithful, there are a few things you need to keep in mind before the papers are drawn. Adultery…

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Orange County Spousal Support: All You Need To Know

Spousal support, or alimony, is the legal obligation to financially support your spouse following the dissolution of your marriage. The concept of spousal support was created to help the spouse who earns lesser pay or has been unemployed to become self-supporting. Kinds of spousal support  If you seek spousal support while your case is in process, it will be known as a “temporary spousal support order.” It will be called “permanent spousal support” if the court case and divorce has been finalized. Calculating spousal support In the courts of Orange County, judges refer to the factors listed in the California…

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How To Avoid Crippling Amounts In Spousal Support

Alimony is not an entitlement. Ultimately, it is up to the discretion of the judge to decide on the final amounts so you might find yourself in a position where you do have to pay spousal support, sometimes more than you want to. Income is not the only criteria to decide on alimony or spousal support amounts. This depends on over a dozen factors in most states. As important as income is the spousal need. However, if you have done all your groundwork right and worked with good divorce attorneys and a reliable divorce mediator, you should end up with…

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