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Category Archives: Family Law
Spousal Support in Late Term Marriages
If pressed to do a quick take on marriage in America today, I might say something like this: Marry late in life and if need be, marry often. Americans nowadays, if they choose to marry at all, marry later in … Continue reading
Spousal Support Duration in 10+ year Marriages
Spousal support is certainly a fertile topic of discussion. For now, however, I would simply like to make some brief, follow-up remarks to those made in my last post, “Spousal Support: Presumptions and Duration.” In the context of discussing long term (10+ … Continue reading
Spousal Support: Presumptions and Duration
The word “permanent” in the expression “permanent spousal support” is something of a misnomer. Yes, permanent spousal support might go on for a very long time, although no specific guidance requires that it does. Definitely, permanent spousal support ends when … Continue reading
Spousal Support and Atypical Marital Situations
In addressing the issue of spousal support in dissolution cases, the Court follows standard procedures. The dominant guidance comes from Family Code (FC) Section 4320, which sets forth a mandatory schema of 14 factors–including “any other factor”—that the Court must … Continue reading
Spousal Support and Marital Standard of Living
In my recent discussions of post-judgment spousal support, I have mentioned the concept of “marital standard of living,” but have not yet explained the overall importance and functioning of this concept within dissolution proceedings. Allow me, then, to do so … Continue reading
Spousal Support Termination and Jurisdictional Limitation
Long term spousal support arrangements are often the result of much hard-fought bargaining, which is why I always advise parties to include in their MSA an explicit and direct statement limiting the Court’s authority, post-judgment, to modify a carefully-crafted support … Continue reading
Negotiating Spousal Support Payments in Marital Dissolution
My last post was a broad overview of the issue of spousal support in marital dissolution. Now, I want to look more carefully at the practical ways of determining amount and duration of permanent spousal support. In most divorce cases … Continue reading
Posted in Education About Dissolution, Family Law, Spousal Support
Tagged Dissolution, Divorce, Divorce Process, Education, Family, Family Law, Santa Clara County Divorce
