Spousal Support In California: Everything You Need to Know
If you’re getting divorced, you need to understand the basics of spousal support in California, including the difference between temporary and permanent support.
Your or your former partner may be entitled to spousal support, also known as alimony. This financial support occurs on a monthly basis and must be ordered by a family court judge.
Whether you plan on seeking spousal support or you want to prepare for court, it’s best to seek the help of an experienced California Spousal Support attorney sooner than later.
Today, we’re going to explore what spousal support in California is so you can make an informed decision on how to proceed.
Let’s take a look.
What is Spousal Support In California?
Also referred to as “alimony,” spousal support refers to the court-directed obligation of one spouse, the higher earner, to assist the lower earner in maintaining the lifestyle the married couple have shared, for at least some period of time.
Temporary support
When a divorce is pending and during the divorce proceedings, a California judge may award a temporary support (“pendent lite”). This support does not expire, and there is no set limit to its expiration.
The purpose of the temporary support is to maintain the standards and living conditions of both parties until such time as permanent support has been determined, including the final division of assets and debts
Permanent support
After the divorce, the court will set a permanent spousal support, also called the “post-divorce judgment.” This judgment is based on several factors such as the length of the marriage and the marital standard of living.
Permanent support can consist of payment of a specified amount by one spouse to another periodically over a set amount of time or it can be a single lump-sum payment.
The purpose of permanent support is to provide the lower-earning spouse with sufficient income for his/her basic needs and to ensure that his/her lifestyle will remain consistent after the divorce.
Bridging the gap
The courts in California operate under the assumption that both parties will become self-sufficient within a reasonable amount of time. Spousal support is intended to be a bridge until the supported spouse can obtain adequate resources or employment to meet his/her cost of living needs.
Spouses can also agree between themselves as to the terms and conditions of support obligations, and a court will generally uphold the agreement if it meets the legal requirements.
It is possible for a complete waiver of support, too, for the higher earning spouse to the lower-earning spouse, with court approval.
How much does spousal support in California cost?
In California, different counties follow different guidelines to determine costs of temporary spousal support. The Superior Courts of Solano counties follow a guideline called the “Santa Clara Guideline.” Alameda and Contra Costa counties follow a formula called the “Alameda Guideline.”
The guideline for temporary spousal support states that the paying spouse’s support should be 40% of his/her net monthly income, reduced by 50% of the receiving spouse’s net monthly income.
Where child support may be involved, this is calculated first, before spousal support is calculated. You can get some idea of the cost of child support by using the California Guideline Calculator from the California Department of Child Support.
The cost of permanent spousal support is more complex and depends on many factors specified in the Family Code Section 4320 statute. Here are some of the factors and circumstances involved:
- The extent to which the earning capacity of each party is enough to maintain the standard of living established in the marriage.
- The needs of each party relative to the standard of living established during the period of the marriage.
- The ability of the supporting party to pay spousal support.
- The marketable skills of the supported party and the job market for those skills.
- The health and age of each party.
- The tax consequences, immediate and specific, for each party.
- The balance of hardships to each party.
- Any criminal conviction of an abusive spouse (which may result in a reduction or elimination of a spousal support award).
- The length (duration) of the marriage.
- Other factors at the Court’s discretion.
How long does spousal support last in California
The duration of support depends on how long the marriage has lasted and assumes a reasonable transition period from married life to single, self-sufficient life.
For marriages lasting less than 10 years, the duration of support is generally presumed to be half of the time spent. For example, a marriage that lasted six years would result in a length of support of three years.
For marriages lasting more than 10 years, the lesser earning party should receive support for as long as he/she needs it, as long as the supporting party is able to pay. There is no predetermined or automatic termination date.
Permanent spousal support is generally for spouses who do not have the ability to become self-supportive, usually due to age or disability.
When does it end?
Spousal support generally terminates on the death of either party or on the remarriage of the supported party. It is possible that a party who is cohabitating with a new party may be found to have a reduced need for support.
If the material and relevant conditions change during the support period, either party can request a modification or termination of regular payments. The exception would be if the couple had a written agreement not to seek changes in court.
Keep in mind that spousal support, although a result of divorce, has nothing to do with the cause of the divorce unless there has been domestic violence.
Also, as noted above, spousal support isn’t “forever.” There are guidelines for the duration. And finally, spousal support is not “automatic.” It depends on many factors. Consulting with a family attorney would be a good place to start if you or your spouse is considering divorce.
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