What do I need to know about spousal support in California?

Imagine the following: after years of marriage, one spouse has significantly advanced their career with the support and sacrifice of the other, who perhaps stayed at home or pursued less lucrative opportunities for the benefit of the family. Now, as they face divorce, the latter spouse is understandably concerned about their financial future.

This is one example of where spousal support, or alimony, can come into play in California’s legal landscape. It can balance the economic scales and help to better ensure that divorce does not lead to an unjust financial hardship for a lower-earning spouse. Those going through divorce who find themselves in this or a similar situation likely have many questions about spousal support. Three of the more common include the following.

#1: When do courts grant spousal support?

California courts will take various factors into consideration to determine if a situation warrants spousal support. Factors influencing the award can include the standard of living during the marriage, the duration of the marriage, and the age and health of both spouses. Specifically, courts will often consider:

• The earning capacity of each spouse and whether it is sufficient to maintain the standard of living established during marriage
• Contributions to the other spouse’s education, training, or career
• The ability to pay spousal support, considering the earning potential, earned and unearned income, and assets of each spouse

The courts generally grant payment to help one spouse meet their financial obligations.

#2: What are the types of spousal support?

California recognizes two main types of spousal support: temporary and permanent. The court may grant temporary support during the divorce process to help one spouse maintain the living status quo until the parties finalize the divorce. The court may grant permanent support once the divorce is complete, although “permanent” can be a misnomer as this type of support is often subject to modification or termination under certain conditions.

How do the courts calculate spousal support payments?

The calculation of spousal support in California depends on numerous factors, making each case unique. For temporary support, courts often use a formula which can vary by county. Permanent support calculations, however, require a more comprehensive analysis. Factors often include:

• The length of the marriage
• The needs based on the standard of living established during the marriage
• The payor’s ability to pay

Judges have significant discretion when determining the amount and duration of support, aiming to achieve an equitable result for both parties.

Understanding how spousal support works can be pivotal for those going through a divorce. It is important to note that getting spousal support is not an automatic process; one must request it during the divorce proceedings.

Spousal support remains a critical but complex element of California family law. Whether you are potentially receiving or providing spousal support it is wise to understand the criteria, types, and calculation methods. Those going through a divorce should also be aware of the fact that various areas of law can impact this calculation. In a recent example, a change to federal tax law directly impacted the financial effect of spousal support payments. It is wise to take these and other possible factors into account when navigating this process.