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Spousal Support

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There is no legal obligation to pay spousal support by one party to another other until there is a Court order. While a divorce or legal separation is pending, the family law court may order either party to pay spousal support to other party. The award of spousal support is discretionary and not mandatory, like child support. Temporary spousal support orders may be ordered in any amount based on the requesting party's need and the payer’s ability to pay. A family law court may make a temporary order during the pendency of the legal action. An order for temporary spousal support may be modified or terminated by the family court at any time. California law provides that in a Judgment of dissolution or legal separation, the family law court may order a party to pay spousal support to the other in an amount, for a length of time, that the family law court determines to be just and reasonable. The family law court has wide discretion in determining the amount and duration of long-term spousal support. As a general rule, a party's spousal support obligation terminates on either party's death or on the supported party's remarriage, unless the parties agree to the contrary in writing.
 

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