How Is Spousal Support Determined in California?
Spousal support, sometimes called alimony, is financial support one spouse may pay to the other during or after a divorce or legal separation. In California, the amount and duration of spousal support depend on the circumstances of the case, including each spouse’s income, financial needs, earning ability, and the length of the marriage.
California distinguishes between temporary spousal support during a family law case and long-term spousal support after a divorce is finalized.
How Is Temporary Spousal Support Calculated?
Temporary spousal support may be ordered while a divorce or legal separation case is ongoing. The court generally considers the financial needs of the spouse requesting support and the other spouse’s ability to pay. Courts may use a guideline formula as a starting point, although the actual amount can vary depending on the circumstances.
Temporary support can also be changed if either spouse experiences a significant change in their financial situation.
How Is Long-Term Spousal Support Determined?
After a divorce is finalized, California courts use the factors listed in Family Code Section 4320 when determining long-term spousal support. There is no single formula that determines the amount in every case.
Factors the court may consider include:
- The length of the marriage
- Each spouse’s age and health
- Each spouse’s income and earning capacity
- The standard of living established during the marriage
- Each spouse’s property and debts
- The financial needs of the spouse requesting support
- The paying spouse’s ability to pay
- Whether one spouse helped the other obtain education, training, or career opportunities
- The tax consequences of spousal support
- Whether there was a history of domestic violence
- How caring for children affected either spouse’s career or ability to work
How Long Can Spousal Support Last?
The length of support depends on the circumstances of the case. For marriages lasting less than 10 years, California courts generally start with a guideline that support may last for approximately half the length of the marriage. For marriages lasting more than 10 years, there is no automatic time limit based solely on the length of the marriage.
Spousal support can end or change based on the terms of the court order, an agreement between the spouses, remarriage of the supported spouse, or a significant change in circumstances.
Can Spousal Support Be Changed?
A long-term spousal support order may be modified when circumstances change, depending on the terms of the existing order. The court generally considers the applicable Family Code Section 4320 factors when reviewing a request to change long-term support.
Talk With a California Spousal Support Attorney
Spousal support can have a significant impact on your financial situation after separation or divorce. Dosh Law represents clients in spousal support matters in Placerville and throughout El Dorado County.
If you have questions about requesting, responding to, or modifying spousal support, contact Dosh Law to discuss your situation and legal options.