Can I Get Spousal Support During a Legal Separation?
Legal Separation, Spousal Support

Can I Get Spousal Support During a Legal Separation?

Legal separation may be a good option for couples who are unsure about getting a divorce. However, it’s important to know that legal separation can come with significant financial responsibilities, including potential spousal support. If you need help understanding whether you have to pay or may need spousal support during a separation, Certified CA Family Law Specialist Judy L. Burger can help. She can share the information you need to make the best decision for your specific situation.

What is a Legal Separation?

A legal separation is a legal arrangement where a married couple lives apart while remaining legally married. This separation agreement addresses issues such as spousal support, child custody, visitation, and division of assets and debts. Legal separation can be a suitable option for couples who are uncertain about whether they want to pursue a divorce or for religious or financial reasons. It enables couples to live separately and manage their individual affairs while addressing practical matters similar to those in a divorce.

What Is Spousal Support?

Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other during or after a divorce or separation. It is designed to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage.

Legal Separation and Alimony in CA

The amount of spousal support and the duration for which it is paid can vary widely depending on factors such as the length of the marriage, each spouse’s financial situation, earning capacity, and contributions to the marriage, among others. Spousal support can be awarded on a temporary or permanent basis, and it is an important aspect of many divorce proceedings.

There are two types of spousal support in California: temporary spousal support and permanent spousal support.

  1. Temporary support is alimony that is paid while a case is still pending and before a final order or agreement has been reached.
  2. Permanent spousal support refers to the support order determined at the end of the case. Despite the name, it does not imply an endless support agreement.

Legally separated spouses handle their finances similarly as they would in a divorce, except they cannot sell shared assets. One party often lacks the independent income to adequately support themselves. The court determines each party’s earning capacity and many other factors to determine the support agreement warranted. If there is a significant difference in income or potential earnings, the higher earner may be required to provide support.

These considerations are highly specific to each situation, so you need an experienced CA Family Law Attorney like Judy Burger to help you prepare for a support determination. She can work with you to formulate an equitable and fair support agreement that covers all the relevant factors of the case.

California’s 10-Year Rule and Alimony

In California, a marriage that lasts for ten years or more is considered “long duration,” giving the court indefinite jurisdiction over spousal support in cases of divorce or legal separation. However, according to Family Code 4336, periods of separation during the marriage may also be considered in determining the length of the marriage. This means that if a couple legally separates before the ten-year mark, it may impact whether their marriage is classified as long duration in the event of a future divorce. It can also impact how spousal support is determined during a legal separation proceeding a divorce.

Working with a Certified CA Family Law Specialist like Judy Burger is obviously in your best interests when considering a legal separation and possible spousal support issues. Whether you may need alimony or be more likely to pay spousal support in the event of a separation, you need to know your options and how to prepare. Schedule a consultation with The Law Offices of Judy L. Burger in California to get advice and guidance for your future.

 

California Divorce, Legal Separation

What If I’ve Been Married More Than Ten Years?

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In some instances, ten years is the benchmark for a marriage to be considered a long-term marriage.  California follows this general rule, along with the Social Security Administration and the U.S. military, which can make it worthwhile to stick it out a little longer if you are close to your ten-year anniversary.  (And vice-versa if you are more likely to be required to pay spousal support.) In some cases, a marriage shorter than ten years may be deemed a long-term marriage.  As with many decisions in family court, the judge has broad discretionary authority and his or her decisions are likely to withstand appeal if evidence was presented at trial to support the judge’s decision. California law (Family Code Section 4336(a)) says that where a marriage is “of long duration,” the court retains jurisdiction indefinitely after the divorce is completed, unless the spouses agree otherwise.  Retaining jurisdiction means the court may continue making decisions about matters between the ex-spouses, and can reevaluate original orders and modify them if the facts justify a change.  In other words, unless alimony was waived by agreement, a court can reopen a case and award alimony later based on a change in circumstances, even if alimony was not awarded in the original proceedings. The Social Security Administration also considers ten years to be a long-term marriage, which means a spouse could be eligible for derivative Social Security benefits if he or she remains unmarried at retirement age, depending on the former spouse’s earnings. If your spouse is an active duty member of the military and you were married ten years, you may also be eligible for retirement pay and other continuing military benefits. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce or post-divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a spouse facing litigation, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.