When addressing spousal support, you will need to address whether there will be spousal support, and if so, the amount, duration, and where the terms are modifiable...
When addressing spousal support, you will need to address whether there will be spousal support, and if so, the amount, duration, and where the terms are modifiable.
The two of you can agree upon any amount you feel is appropriate in your circumstances. If you were to have a judge determine the amount of spousal support, there are two manners of the judge doing so. Initially, the judge would make a temporary order. This type of order is made when the case first starts and runs until trial. When making a temporary order the court usually uses a computer generated formula, which has been adopted in San Diego County. We will input your information into the computer to determine what the "guideline" support would be.
When the judge is addressing more long term support the judge has to look at a number of factors and apply those to your situation. Those factors are attached.
The two of you can agree upon any duration you feel is appropriate in your circumstances. If you were to have a judge determine the duration of spousal support, the judge would determine the reasonable amount of time for the supported spouse to become self supporting.
In a short term marriage (a marriage of under 10 years), there is a presumption that half the length of the marriage is a reasonable period of time for the supported spouse to become self supporting.In a marriage of over 10 years, there is no such presumption about the appropriate duration of support; a judge would have to determine such on a case by case basis.Spousal support always ends upon the supported party remarrying or the death of either party.
In your agreement, you should also address whether or not the amount or duration of support can be changed by either party and if so, in what circumstances would a change be allowed.
