Generally, temporary support is based on the payee’s need and the payer’s ability to pay (Cal. Fam. Code § 3600). Temporary spousal support is intended to maintain the parties in as close to their pre-separation condition as possible, pending the trial. Courts use a “guideline calculation” in order to set temporary spousal support. Temporary support lasts until (1) issuance of a judgment or (2) dismissal or (3) expiration under its own terms, or (4) the remarriage of the recipient or the death of either party.
For permanent support, which is determined at the time of trial, the factors in Cal. Fam. Code § 4320 are mandatory considerations. The “guideline calculation” used in setting temporary support may not be the basis for permanent support. Permanent support does not always have a termination date. If the marriage was less than 10 years, it may be considered a “short term” marriage and the party paying should request a termination date, which is no longer than half of the length of the marriage. Generally, if the marriage is longer than 10 years, the court will generally set termination on either party’s death or the supported party’s remarriage.
If you have specific questions about spousal support and if you will have to pay it or if you might receive it, please contact our office at (909) 466-5575 for a consultation.