Santa Barbara Spousal Support Attorney
Pursuing a Fair Alimony Arrangement on Your Behalf
Divorce is a complicated process driven by many moving parts. Under certain circumstances, one of those moving parts can be spousal support, formerly widely known as alimony. More details follow below, but spousal support is essentially a requirement of one divorcing spouse (the “supporting spouse”) to make payments to the other divorcing spouse (the “supported spouse”).
Duty to Support Spouse/Spousal Support (Alimony)
Marriage imposes a mutual duty on both parties of support (California Family Code § 720, 4300). This duty is gender-neutral, meaning both wife and husband have the duty to support the other spouse.
No Common Law Marriage in California
For the obligation of spousal support to arise in California, there must be a valid marriage. (Hudson v. Hudson (1959) 52 Cal. 2d 735, 738, 344 P.2d 295). There is no common law marriage in California (Marvin v. Marvin (1976) 18 Cal. 3d 660, 684). If the parties were never married, there is no spousal support to the other party, no matter how long the parties have cohabitated.
New-Spouse/Non-Martial Partner Income Irrelevant
When it comes to your soon-to-be ex-spouse’s new partner, spousal support in California cannot consider that person’s wealth or income. Trial courts are statutorily barred from considering the income of a supporting spouse’s and subsequent spouse or non-martial partner when determining or modifying spousal support (California Family Code Section 4323(b); Marriage of Lynn (2002) 101 Cal. App. 4th 120, 133, 123 Cal. Rptr. 2d 611, 621).
Responsive & Personalized
Working with attorney Marcus Morales and the team at Morales Law means getting a responsive and personalized experience. We know what you’re up against, and we understand you’re working with us because you’ve reached a difficult point in your life. We want to help. Contact us today.
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