WHAT'S THE DIFFERENCE BETWEEN PERMANENT & TEMPORARY SPOUSAL SUPPORT?

Many people make the mistake of assuming that permanent spousal support, permanent alimony, temporary spousal support, or temporary alimony are interchangeable terms. While these two types of support are similar in practice, they differ in key ways and should be treated differently by the person receiving support & by the person paying support.

In California, it's quite simple. If you are married/have been in a committed domestic partnership or civil union with your partner for a considerable period (10 years or more), then you will receive spousal support if you are actually no longer able to be self-sufficient after the separation of your marriage. Otherwise, you will only receive temporary spousal support from your spouse until the situation has changed and you can become self-sufficient again.

What Is Permanent Spousal Support?

Permanent spousal support is an amount of money that one spouse pays to another for a period of time, usually, until the spouse receiving the support dies or remarries. Permanent spousal support payments are intended to help the less financially-endowed spouse maintain a reasonable standard of living. Unlike other types of post-divorce financial support, such as child or property support, there is no set timeframe for how long these payments should continue.

Typically these are negotiated on a case-by-case basis with the help of an attorney. However, some states have adopted specific guidelines for the duration of payments. California, for example, has created three different levels of spousal support which can be provided under certain circumstances:

1. Rehabilitative support,
2. Indefinite term support (can be extended if both spouses agree),
3. Temporary maintenance (typically six months).

What Is Temporary Spousal Support?

Temporary Spousal Support (sometimes referred to as pendente lite) is a court-ordered payment made by one spouse to another while their divorce is pending. It is ordered by a judge in order to make up for the financial needs of one spouse that may be temporarily affected by the divorce proceedings. As the name suggests, it only lasts until the divorce is finalized, when the set time frame expires or when either party passes away, at which point it becomes moot.

If your spouse is requesting either rehabilitation, indefinite term support, or temporary maintenance from you, then it may be beneficial to seek legal counsel. A lawyer will know your state's laws pertaining to spousal support and advise you on what steps to take to protect yourself while considering all factors of your case.

Difference Between Permanent & Temporary Spousal Support

While it really may seem like a simple question, there are actually a lot of nuances involved in understanding what is meant by permanent or temporary spousal support. A judge will be the one to decide if your spouse will receive permanent or temporary spousal support. The critical difference between these two types of payments are:

1. Permanent spousal support usually lasts until the death of either party.

2. Temporary spousal support lasts for a set period.

3. Temporary spousal support can be modified after a trial or hearing, though it's relatively uncommon.

4. Permanent spousal support, however, can only be modified if there is a substantial change in circumstances.

How Does The Court Determine Which Type Is Needed?

The court will typically determine which type of spousal support is needed based on several factors, including:

• The standard of living during the marriage;
• The length of the marriage;
• Whether there are children from the marriage;
• Age and health status of both spouses.
• Each person's income and how much they'll need for day-to-day living expenses as well as
• The court also considers what that person has saved up so far during the relationship.
• The court might also take into account child custody arrangements and child support orders when making this decision.

How Do Courts Decide How Much One Party Should Pay To Another?

Courts decide how much each person should receive by looking at various factors, such as their financial needs, employment status, and health. Support is usually paid until one spouse dies or remarries. The court can also order that it be paid for a set time period.

For example, a party might need 1year worth of support to finish school and get on his/her feet financially. That kind of order is known as temporary spousal support. It ends when the set time frame expires or when either party passes away.

How Long Will Spousal Support Payments Continue

Temporary Spousal Support typically lasts until the divorce is finalized, when the set time frame expires or when either party passes away. Permanent Spousal Support payments will typically continue until your spouse either remarries or dies. The payments may stop if you remarry, but they will only stop if your new spouse is financially able to take care of you.

If this is not possible, you could apply for a modification of spousal maintenance to reduce or terminate the current payments. You would need to prove that your needs are being met by the other party through some other means. There are many vital & essential factors that go into making such a decision, so it can be truly difficult to predict how the court might rule in such cases.

Will These Payments Decrease Over Time?

This is among the most common questions that people ask when they are trying to decide whether or not to pursue a divorce. The answer, however, is not cut-and-dry. Permanent alimony payments will likely decrease over time, while temporary payments will increase with time as you get closer to retirement age.

There may also be some variation depending on your profession. For example, if you're a professor or other professional who plans on working until close to 65 years old, then your lifetime earning potential might make it more beneficial for your spouse to receive temporary spousal support than permanent alimony.

On the other hand, if you work in an industry where there isn't much chance for advancement after 60 years old (such as journalism), then permanent alimony could be more advantageous because it would help provide a steady income up until retirement. In addition, taking into account the lifestyle choices made by each party in their post-divorce agreement can have an impact on the type of support payment.

For many people, a divorce is a life-changing event. While it is truly never easy to go through, it can be made easier by planning ahead of time. One important aspect of planning for divorce is deciding what type of spousal support you will need after your separation or divorce. These decisions are complicated and should be discussed in depth with a seasoned & reliable attorney before proceeding.

Orange County family law attorneys are also invaluable when it comes to matters such as property division. Since divorce often entails a significant amount of property to be divided, it is vital that you consult with a seasoned & reliable attorney who can advise you of all your options. These details can help make your divorce proceedings smoother.

Ultimately, there is no right answer - when it comes to divorce or support payments, as every individual's circumstances are different. However, if you know that your marriage will not last forever, then having plans in place could help make post-divorce life much more manageable!

Jos Family Law