Understanding California Spousal Support Guidelines
If you’re going through a complicated divorce, it’s important to understand your legal rights and boundaries.
Here are some basic California spousal support guidelines to keep in mind.
Introduction
When you’re facing a costly divorce, the last thing you want to think about is facing an argument about income, funds, and spousal support. But the reality is that these conversations can, and should, happen as early as possible in the process.
The only problem is that many partners aren’t familiar with the guidelines, and thus, don’t know what rights they have or how to protect them. This can leave one or both exes unhappy, struggling with income, or even without the ability to survive solo.
The good news is that there’s a lot you can do to prepare yourself. Start by connecting with a divorce lawyer who can help you request or negotiate support payments with your ex. Then, use this simplified explanation of the basics to better understand how the system works.
What is Spousal Support?
Spousal support, sometimes referred to as alimony, is payments made by one spouse to another during or after a separation. It may be considered “temporary” or “permanent” depending on the specifics of each case.
Note that these two terms do not designate the overall time frame of spousal support payments. Instead, they are strict legal terms used by the court. “Temporary” spousal support payments are made only during divorce proceedings. Permanent, on the other hand, may extend indefinitely or until both parties agree to end it.
Regardless of the type of support involved, one fact remains true: this complex set of guidelines is rarely easy to understand or interpret. Legal loopholes and grey areas abound in this part of the law, and sometimes, the courts’ interpretation of events can greatly change the eventual outcome of your case.
Why Spousal Support Exists
Spousal support was originally created in a time when most women gave up their careers in order to stay home and care for children. This allowed the woman to maintain a home, put food on the table, and survive without a spouse, even if she lacked employment skills or still had little ones to raise.
Of course, the world, and women’s rights, have changed over the years. These days, people of all genders choose to work or stay at home with kids. Still, the overall point of permanent spousal support has remained the same: it allows a dependent spouse to maintain their basic needs and enjoy a stable lifestyle even after divorce.
The intention of temporary support, however, is a little bit different. Instead of helping a dependent spouse support themselves long-term, it exists to help them maintain a home and lifestyle as they seek a permanent order and/or finalize a divorce. For this reason, temporary support always ends when divorce is completed.
Is Support Always Granted?
No. The courts will not, and cannot, demand one spouse support the other just because a marriage happened to exist. In fact, the courts expect both spouses to actively attempt to become self-sufficient unless they have a good reason why it isn’t possible (e.g., disability or very young children in the home).
It isn’t realistic to expect the courts to agree to grant you support just because you are going through a divorce if you’re working and making your own money. On the other hand, if you just had a baby, or lack employment skills, the courts are much more likely to grant you support –– at least until you can upgrade your skills.
The exact duration of support may vary depending on the length of your marriage, too. If you were married yesterday and annulled your marriage today, the chances of convincing the courts to create an order of support would be very low.
On the other hand, if you and your spouse were married for 11 years, you have a far stronger case. California’s guidelines specify that lesser-earning spouses are entitled to permanent support with no particular time frame after the 10-year mark.
How Do the Courts Calculate Alimony?
There’s no easy way to answer this question, mostly because exact calculations depend on everything from the self-sufficiency of each spouse to the amount of income you each make. Furthermore, each county within the state has its own local rules on the subject; judgements in one area may vary widely from those in another.
What is universally true is that no county in California relies on a single factor or formulaic calculation to determine the amount of support ordered. Even in areas that use percentage-of-income calculations, they are considered a starting point only.
In the case of permanent support, guidelines are much more clear. Judges must consider a total of 14 different factors as outlined in Family Code Section 4320. This includes earning capacity, self-sufficiency, duration of marriage, history of domestic violence, and much, much more. Even emotional distress levels can change how likely you are to be awarded, or required to pay, support.
Prefer a quick and dirty result, even if there’s no guarantee it’s perfectly accurate to your situation? Try this tool provided by Legal Calculators.
Should I Talk to My Spouse About Support First?
Maybe. Ultimately, it depends on the relationship you share and whether you feel confident in your ability to discuss it rationally without getting emotional. If your divorce is amicable, this may come naturally to the two of you. It’s perfectly fine to have an open dialogue if you still trust your ex.
If, however, you are both struggling with anger and resentment, or you can’t seem to even have a normal conversation without yelling, mediation might be necessary. In this scenario, a lawyer or neutral third party helps the two of you come together and communicate while enforcing boundaries to keep talks productive.
If you are escaping domestic violence, divorcing after infidelity, or have any other reason to fear your spouse may manipulate or harm you, you should not attempt to speak with them directly about support. Contact a lawyer or get in touch with local support services first instead. They can help you communicate your preferences and needs safely without putting yourself at risk.
Conclusion
The most important takeaway here is that spousal support can be a difficult and complex topic, even for a practicing attorney. Trying to resolve the issue out of court could leave you in a difficult situation or even put more pressure on your wallet. A divorce attorney or a spousal support attorney can help you defend your rights, regardless of which side of the table you happen to be sitting on.
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