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Spousal Support in California
In California, spousal support, also known as alimony, refers to the financial assistance that one spouse may be required to pay to the other after a divorce or separation. Spousal support is designed to address any economic disparities between the spouses and ensure that both parties can maintain a reasonably similar standard of living.
Spousal Support can be temporary or permanent. Temporary support are ordered during the divorce process to maintain the status quo until a final permanent or long-term Spousal support figure can be ordered in the final divorce judgment.
What Factors Are Considered When Determining Spousal Support?
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Income: Spousal support figures are based on the amount of income and the disparity of income between the two spouses.
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Length of Marriage: The duration of the marriage is a significant factor. California law defines short-term marriages (less than 10 years), moderate-term marriages (10 to 20 years), and long-term marriages (20 years or more), and this classification can influence the duration of support.
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Standard of Living: The court considers the standard of living established during the marriage and aims to maintain a similar standard for both spouses post-divorce.
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Earning Capacity: Each spouse's ability to earn a living, taking into account education, skills, work history, and marketability.
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Contributions to the Marriage: Contributions to the marriage, including homemaking, child-rearing, and support for the other spouse's career, are considered.
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Needs and Obligations: The financial needs and obligations of each spouse, including childcare responsibilities, are evaluated.
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Age and Health: The age and health of each spouse are factors in determining the ability to work and financial needs.
How Do You Calculate Spousal Support?
Temporary Support is often calculated using a formula provided by California guidelines. The formula takes into account the parties' income and certain deductions.
For Long-term or permanent spousal support, there is no specific formula, and the court has more discretion. The judge considers the various factors mentioned above to determine a fair and reasonable amount.
Can You Terminate Spousal Support?
Spousal support may terminate upon the death of either party, the remarriage of the supported spouse, or a court order specifying a termination date.
If a judgment has no termination date the spousal support has no end date. Please contact our office if you have specific questions regarding your case.
Can You Modify a Spousal Support Judgement?
If you have an existing Spousal Support Judgment, it might be modifiable depending on certain circumstances. Olsen & Olsen has extensive experience obtaining and modifying spousal support for our clients. Read more about modifications here.
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