Alimony and Spousal Support Paperwork

The court describes it as a monthly payment while a divorce, legal separation, or restraining order case is ongoing. It can be requested as soon as the case is filed. A judge can change it only back to the date the request papers were filed.

The court says that for marriages under 10 years, the starting assumption is that support lasts half the length of the marriage. Over 10 years there is no such assumption. Support ends on remarriage, either spouse's death, a court order, or an approved written agreement.

The court lists form FL-157, Spousal or Domestic Partner Support Declaration Attachment, to ask the judge to decide long-term support, and form FL-349 to show the Family Code 4320 factors were considered. Income and expense form FL-150 usually accompanies them.

Family Code 4336 presumes a marriage of 10 years or more, counted from marriage to separation, is long duration. The court then keeps authority over spousal support unless the spouses agree otherwise or an order ends it. A court may find a shorter marriage long duration too.

No, we cannot give legal advice or calculate what a judge may order. You decide what to request, and we prepare the forms to match. The court's self-help pages describe the factors judges consider.