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Search Site| Alimony Two issues arise with regard to spousal support: The amount of spousal support and the duration of spousal support. The duration of spousal support is closely linked to the length of the marriage. Frequently, practitioners speak of the 'rule of thumb' that spousal support will last for one-half the length of the marriage. The duration of spousal support is left to the sound discretion of the court within certain general equitable principals and guidelines most often set forth in the common law case histories. However, in marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. The California legislator has enacted a statute which indicates that when permanent support is established at the time of trial, it is an abuse of discretion for the court to set a future termination date if the marriage is of lengthy duration. The statute goes on to indicate that any marriage of ten years in duration is considered a lengthy marriage. As a practical matter, in the late 1990s it appears that spousal support duration is linked to a transition period from married life to single life. The duration of spousal support is not a focus in a void. Rather, it is intricately tied to the amount of spousal support. Again, the court has a broad discretion in ascertaining the amount of spousal support as well as its duration. Some California counties have adopted a guideline which suggests the appropriate range of spousal support on a temporary basis. Many counties do not allow the guideline to be the sole indicator of the amount of permanent spousal support. California State law provides that spousal support is determined by a careful review of a number of factors. The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. The ability to pay of the supporting party, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living. The needs of each party based on the standard of living established during the marriage. The obligations and assets, including the separate property, of each party. The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party. The immediate and specific tax consequences to each party. Any other factors the court determines are just and equitable.
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