The simple answer is ‘Yes, you might!’ The award of spousal support is not based on whether your spouse has an affair or not. In essence, the courts do not even look at extramarital affairs in order to determine spousal support. California, like most other states, is a ‘no fault’ divorce state and as such does not need to find ‘fault’ in a divorce.
In order to get ‘temporary’ spousal support, which is usually requested while a divorce is in progress, the courts look at 2 factors:
- differential in income
Temporary spousal support may become permanent during the trial phase of the divorce. During trial many more factors, in addition to need & differential in income, may come into play such as:
- length of the marriage
- level of education
- health & disability
- lifestyle during the marriage
There may be other factors. Spousal support is sometimes for a short period of time or it may be for much longer. This is dependent on the length of the marriage and other factors. If a marriage is longer than 10 years (from the date of marriage to the date of separation) spousal support may last until the death of either party or remarriage of the party seeking support. An experienced family law attorney would be able to assess whether spousal support is a factor in your divorce as well as the approximate value of the award and the time period associated with it.
It should be noted that if the divorce is uncontested and the parties can agree on a spousal support award, as well as any other issues, then an agreement or a stipulated judgment can be prepared which would avoid a court appearance in most instances.
It’s always best to get advice from an experienced Divorce Lawyer so that you can understand your legal rights and options. For fast help, call Legal Action Workshop @ 1-800-HELP-444 (1-800-435-7444).