Does the length of marriage affect alimony? How is alimony calculated?

In this video, Sina Mohajer discusses the difference between temporary and permanent support, as well as how it’s calculated, and what factors play a role in how long you can receive spousal support based on the duration of marriage.

If you have any questions or would like to speak with a skilled attorney about family law—including alimony payments—contact Mohajer Law Firm today at (626)569-5200.

Transcript:

When you’re involved in a divorce proceeding, one of the most contentious issues litigated is spousal support. Now, you might have seen, and if you haven’t, please check out the rest of the videos. But I discuss in detail the different nuances of spousal support, or alimony, in the state of California.

But in this video, I want to concentrate on a few issues. One, what is alimony? What’s the difference between temporary and permanent support, as well as how it’s calculated, and what factor plays in as to how long you can receive spousal support based on the duration of marriage?

Hi, I’m Sina Mahajar. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019.

What Is Alimony?

So what is alimony? Well, we use it interchangeably with spousal support or alimony. It’s the same thing. Basically, it’s support from one spouse to the other in order to maintain that same standard of living that you two lived when married.

Temporary Spousal Support vs Permanent Spousal Support

Now, the difference between temporary and permanent really comes out to, at what stage in the proceeding you’re in. Temporary support is usually ordered during the duration of the pendency of your case in order to maintain that same standard of living.

Permanent support is usually decided at the time of trial or at the conclusion of your case.

How Is Alimony Calculated?

The way the court calculates it is that we use a software called DissoMaster, as I previously discussed in other videos for temporary support. But when it comes to final determination for more permanent support, we look at Family Code 4320.

4320 lists a certain number of factors that the court has to analyze in determining how much support should be ordered from one spouse to the other.

Length of Marriage and Alimony

Now, the duration of marriage is a huge factor in determining the duration or the length that spousal support needs to be paid. If you’ve had a long-term marriage of 10 years or more, then permanent support is indefinite, until one of you passes away, the person who’s receiving support remarries, or the court terminates jurisdiction of spousal support.

But if you have a short-term marriage, anything below 10 years, then it’s usually paid for half the duration of the marriage. If you were married for six, you get three years of support.

Legal Help with Alimony in California

If you have questions about your case, or you would like to discuss other options pertaining to the pendency of your case, feel free to give us a call. I offer initial consultation.