“Spousal support,” sometimes referred to as alimony, means support of the spouse by the other. By getting married, a husband and wife contract toward each other obligations of mutual support, and are required to support each other. However, once legally separated, a spouse is not liable for the support of the other spouse when the spouses are living separately by agreement unless support is agreed to by both spouses in the agreement, nor does a person’s obligation to support his or her spouse extend to the support of the spouse’s parents or other relatives.
Although a husband and wife assume mutual obligations of support, the courts have traditionally held that the responsibility for the support of the family rests primarily on the husband, and have traditionally given emphasis to the needs of the wife and the ability of the husband to pay. It was said that this was true whether she was in fact dependent on him or not. However, it is more realistic now that a court will look to see which spouse provided the most support during marriage and will also look at the needs of the spouse claiming support.
Agreements
Spouses can enter into agreements prior to marriage, called premarital spousal support waivers, which waive any support or liability, including their personal rights and obligations, to another spouse upon divorce (as long as the provisions of the agreement do not encourage a divorce). When entered into voluntarily by parties who are aware of the effect of the agreement, a premarital waiver of spousal support in case of dissolution can be found to be valid.
A waiver of spousal support may be enforced if it is executed by intelligent, well-educated persons, each of whom is self-sufficient in property and earning ability, and both of whom had the advice of counsel regarding their rights and obligations as marital partners at the time they executed the waiver.
Accordingly, a party to a marital settlement agreement may waive the right to receive spousal support. If the spouses separate by agreement, neither owes the other a duty of support unless they otherwise agree, and any right to support after dissolution exists, if at all, only under the terms of the judgment. Thus, a voluntary, knowing, and intelligent waiver of support in a marital settlement agreement will be enforced according to its terms. Also, while a spousal support provision in a settlement agreement is ordinarily subject to modification or termination by the court, it is not if the agreement specifically so states.
Court Ordered Spousal Support
A court may order either husband or wife to make payments for the support of the other spouse. The spouse to be paid, or the county on that spouse’s behalf, may bring an action against the spouse who will pay to enforce the duty of support. Thus, a spouse may bring a civil action to enforce the other’s duty of support during marriage.
The difference between an award of support and an ordinary money judgment is that the ordinary money judgment does not order the defendant to pay anything but it simply states the amount that is owed. The award of support goes further and is a direct command to a party to pay the amount ordered in the judgment.
Although an award of spousal support on dissolution or separation is different from an ordinary judgment in that, as stated above, it is subject to the power of the court to modify it to meet changing conditions, until a judge modifies or vacates that order an award of spousal support is entitled to the same respect or finality.
OC Family Law Lawyer 