Hello,
I've been married for approximately 3 years and am considering a divorce from my husband. During our marriage, my husband has been the sole bread winner while I cared for our home full time. I have some college but no degree. I've supported & nurtured him while he has made some great progress in his profession. We have no children. Given that I have been out of the work force for over 3 years now, and my education background, am I entitled to some form of spousal support? I understand that the brevity of our marriage means that the maximum length of time for support that I would be granted is half the length of our marriage, but how is the amount calculated? I've read that 40% of the bread winning spouse's net income is the standard, but I understand that there may be variables to that as well? Also, how does temporary support work while we are going through the process of divorce? If I am granted temporary support, will that shorten the length of time that I would receive spousal support? As a divorce can take several months to finalize, would the temporary support be deducted from any spousal support that I might be awarded? We live in California, specifically Los Angeles county, which from what I read follows the Santa Clara guideline.
Any advice or information is greatly appreciated.
Answer
When you file and serve your divorce petition, include a motion for spousal support.
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