Everything I've read said that length of the marriage is not consider in temporary SS. But it seems counter-intuitive if you consider the 1/2 length of marriage rule for permanent SS. In essence Temp SS can last longer than the Perm SS.
So I was wondering if there was a rule baring the request of Temp SS for a marriage of six months.
They are two different things. So yes, you can ask, but that does not mean it will be ordered.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
There is no rule barring temporary spousal support in a marriage of any length. Temporary spousal support and permanent spousal support have different purposes.
Wrong questions. You need to know the procedures as to requesting and then defending. In both situations, the court has discretions to make orders and to state dates as to termination of orders. If the marriage was for only o6 months, then there might be other issues that would require longer support due to DV matters or such OR in reality if nothing, then the time it takes to file an RFO and have it heard, may have surpassed the 3 month time period. Hint. stop being your own attorney.
You raise a number of different questions. My colleagues are correct. Just for clarification:
Temporary Spousal Support: That which is ordered while the divorce is in process (after the initial filing, before trial at the end of the case - the completion of the divorce process through the courts). The goal is to attempt to create some balance for the lower/no income spouse during the divorce process. The court may use a computer formula to calculate the amount, IF the court deems temporary support necessary/justified.
Permanent Spousal Support: that which the court orders at the conclusion of the divorce case. In a short term marriage (less than 10 years), the court has discretion to order the support for half the duration of the marriage, or any other duration as it deems appropriate. The court CANNOT use the computer formula. The court MUST apply family code section 4320 in determining 1) if support is warranted, 2) the amount of support, and 3) the duration for which support will be paid. The 4320 factors include history during the marriage, ability to earn, ability to pay, health, education, etc. The purpose of permanent SS is to allow sufficient time for both spouse to work towards becoming financially independent from each other ("work towards", not "become"). The longer the marriage, the more a spouse may become dependent on the higher income earner. The shorter the marriage, the less likely that would be the case. There are, however, extenuating circumstances such as domestic violence, illness, and such, as my colleagues have already mentioned. But given the short duration of your marriage, it sounds unlikely a court would order support for a longer period of time. Again, there is insufficient information to really analyze your circumstances, and this is certainly not the forum for that.
I would strongly recommend that you consult with a lawyer experienced in family law to review your case and provide you with a specific analysis. This information is general in nature, and you should nor rely upon it to determine a likely outcome in your case.
I hope this general information is helpful to you. Good luck.
Since the information provided in your question is very limited and I have not had an opportunity to review all relevant facts, information, and documents, you should not rely on any specific responses to your questions. The information offered here is general in nature given that the slightest bit of additional information could change a specific answer (i.e. we separated 1 year ago and he has been paying all my expenses. Q: Do I owe him that money back? A: Yes. But what if he used money from a community asset, like a retirement account, to pay it back. A: maybe some or maybe none). In short, consult an attorney to review all relevant information so s/he can properly and accurately advise you. This free service IS NOT a substitute for legal advice and should not be considered legal advice at all.
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