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When Is Spousal Support Awarded?

Spousal support, or alimony, can be awarded during the divorce process or after. Depending on the unique situation and details of the divorce, a spouse may be awarded financial support throughout the divorce process or as continued support after the dissolution of the marriage.

Our Orange County divorce lawyers explain what you should know about when spousal support is ordered:

During the Divorce Process

Some spouses require support while the divorce is still occurring. Temporary support is usually decided upon at the beginning of the divorce process. It is a good idea to get a temporary support agreement in writing as soon as you are able (largely because a signed agreement is tax deductible).

If a spouse needs continued support after the divorce, a judge will examine the case and decide how much spousal support will be awarded and for how long.

For example, short-term support and rehabilitative support only lasts for a few years and is designed to support a spouse until he or she has the means to support themselves. Whereas, long-term or permanent support is designed to help a spouse who won’t/can’t go back to the workforce. Typically, the longer the marriage lasted, the more likely long-term support will be granted.

After the Divorce Process

As long as the original order for your marital settlement agreement does not contain language that implies that the alimony is non-modifiable, a spouse can request that the spousal support is modified or altered in some way.

To modify your spousal support agreement post-divorce, you must be able to prove that your need for support or ability to pay support has altered in some way.

To learn more about spousal support or the divorce process in California, contact Alternative Divorce Solutions and speak with one of our Orange County divorce attorneys.

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