A common argument that is made by spouses who do not want to pay spousal support (often called alimony) in California is that the marriage did not last long enough to justify spousal support. A person unwilling to pay spousal support may suddenly decide that they are suddenly a family law expert and spout out lines such as “you can’t get spousal support for a marriage that’s less than five years” or “you have a job, so you can’t get spousal support.”
Both statements are completely false under California law, as there is no duration requirement for spousal support, and support may be awarded when both spouses are working.
There is No Five-Year Rule or Other Minimum Duration for Spousal Support in California
It is true that a person must ask the court to award spousal support in order to receive it, or the couple must come to an agreement regarding spousal support and submit it to the court, but there is not a minimum duration for the marriage for one spouse to receive a spousal support award.
Thus, even if you have only been married for a year, or even less than a year, there is a possibility that you can successfully petition a California family law court for either temporary or ongoing spousal support.
Marriage Duration is One of Numerous Factors a Court Will Analyze Regarding Spousal Support
To be sure, the duration of the marriage is indeed a factor that a court will consider when deciding whether to award spousal support – as well as the amount of spousal support and how long it will last – but it is just one factor among others.
In general, a court will look at the standard of living enjoyed by the parties during the marriage, and what it will take for each spouse to be able to be financially independent following the marriage, while enjoying something close to that standard of living for at least a time after the marriage.
If the marriage did last only a year, this could limit the amount and duration of spousal support in comparison with a marriage that lasted decades, but a court could still choose to award spousal support for a limited time in a short marriage, especially where there is a pronounced income disparity between the spouses, and/or one spouse lacks significant financial assets.
Seeking Temporary Spousal Support in California
There are two types of spousal support awarded in California, which are temporary spousal support and permanent spousal support (which is not necessarily permanent in the sense of it never ending, but instead continues on past the divorce).
Temporary spousal support can be sought immediately by one spouse when the divorce is initially filed, and (if awarded) will last throughout the course of the divorce. Temporary spousal support may always be sought by either party, but can be especially important as a priority in dissolutions of marriages of very limited duration. Speak to a CA family law attorney about taking immediate action to seek temporary spousal support.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.