Spousal support (also referred to as alimony) involves a payment done after divorce or legal separation from one spouse to another. Under California law, spousal support is ordered in court so that the lower-earning spouse is able to ‘economically survive' post-divorce. In this article, we are going to discuss the basics of spousal support in California, its types, how it is determined and who qualifies for it. For more details on how you can handle alimony issues, check out How to Avoid Paying Alimony In California, which explains strategies that may help reduce or avoid alimony payments.

What is Spousal Support?

It refers to the payments made by one spouse to the other following a divorce or separation. Payments are made with the intent to ensure the individual is capable of sustaining themself post-divorce.

In California, no law automatically enables spousal support for every case. The judge has full authority as to whether to allow spousal support or not and if yes, then how much should be allotted.

Types of Spousal Support in California

There are two main types of spousal support in California: temporary and long-term (or permanent). Let's explain each of them further.

Temporary Spousal Support

  • Objective: In the course of separation, a spouse is supported financially before the divorce is finalized with support payments. It is known as temporary spousal support. It is expected to assist the lower or non-paid spouse until the divorce is concluded.
  • Length of Time: This support goes on until the divorce is completed or until the court gives a conclusive ruling regarding long-term support.
  • Adjustment: The amount of temporary support given can be changed if there is a change in situation, like the loss of a job or increase in income.

Long-Term (Permanent) Spousal Support

  • Objective: After the divorce is finalized, long-term spousal support can be issued, and it is expected to support the lower-earning spouse in keeping their lifestyle.
  • Length of Time: There is no set limit. In some situations, it lasts forever, especially after long marriages.
  • Adjustment: Spousal support, even long-term, is always subject to modification. When the recipient spouse gains employment or if the supporting spouse's finances change, the amount is subject to review.

Who Qualifies for Spousal Support?

Unlike many perceptions, spousal support is not granted or awarded to every individual going through a divorce. Many factors come into play before a decision is made by a judge on whether a spouse will receive spousal support or not. The court will consider the length of the marriage, the financial needs and abilities of both spouses, and other factors such as the standard of living during the marriage. For official information on how spousal support is calculated and who may qualify, you can visit the California Department of Child Support Services. This site provides valuable resources on California's support laws and guidelines.

Length of Marriage

One of the most critical aspects to consider is the marriage duration. In California, support is often temporary and may last for a few years if the marriage is under 10 years. If the marriage was over 10 years, the support often continues for a longer duration, or even permanently.  

Financial Needs and Ability to Pay  

A court will consider how much earnings each spouse brings in and whether one spouse may have a greater need for support. The spouse petitioning for support needs to demonstrate that they do not have the means to support themselves financially. The court also considers whether the spouse paying support has the financial ability to provide support without compromising their financial position.  

Standard of Living During the Marriage  

The court also considers the standard of living the couple enjoyed during the marriage. For instance, if one spouse were accustomed to living a fairly lavish lifestyle, the court would require the other spouse to offer more support, for them to be able to sustain that lifestyle.

Spouse Contributions Toward a Marriage

Monetary payments are not the only form of contribution made by each spouse. One partner may have been a homemaker or a primary caregiver to children; such inputs are considered in the context of determining spousal support. A spouse may not have earned an income, but the court acknowledges the work performed in the house as valuable.

Patterns of Domestic Violence

The presence of any domestic violence in a marriage is relevant and so is taken into account by the court. In certain situations, the court may withhold spousal support if the ex-partner was abusive to the one paying for spousal support.

Other Considerations

Alongside those, the court looks into additional aspects such as the current medical condition of the spouses, their level of education, and work experience. For instance, in the case where one spouse is out of work for an extended period, the court may deem it necessary to provide support during the transition period until employment is secured.

What Factors Influence The Amount of Support Given?

In California, there isn't an explicit guideline for calculating spousal support. Rather, the judge examines several factors and makes a decision based on fairness. The court will sometimes follow a guideline to assist in determining the support amount, but it is not a given.

Among other factors, the court will try to evaluate:

  • The duration of the marriage
  • The financial capabilities and requirements of both spouses
  • The age and well-being of both spouses
  • The lifestyle during and prior to marriage
  • What each spouse brought into the marriage

Spouse's ability to cash flow the support without irrevocably damaging themselves financially. A judge can use a support calculator to facilitate calculation but ultimately holds all the power.

What Are The Conditions That Lead To The Termination Of Spousal Support?

The supported spouse does not just lose support after a predetermined amount of time. However, there are circumstances under which support might end:

  • Remarriage: In the event that the receiving spouse gets married again, support will cease.
  • Cohabitation: If the supported party starts sharing a household with someone they're romantically involved with, support may no longer be provided.
  • Death: Spousal Support Payment follows the death of a spouse.  

Sometimes, the court can impose a definite date for the end of support payment. In some cases, support payments may go on forever, especially in the circumstance of a long marriage with a supported spouse who cannot sustain themselves.  

How to Avoid Paying Spousal Support  

Some spouses may want to avoid paying spousal support. One relatively simple option is to create a divorce agreement where both sides essentially bargain on the issue of spousal support. If they are cooperating, they can eliminate the need for a court resolution.  

Nonetheless, if the couple does not arrive at any agreement, a decision will be made, and it will be determined based on the evidence provided. In these cases, the best strategy to not pay excessive support is to show the spouse who is supported does not need any money or that the spouse who pays cannot afford to provide that support. A court may also take into account an ability to provide self-support before supporting.

Can Spousal Support Be Altered?  

Indeed, spousal support is subject to alteration. Each spouse, should his or her financial circumstances change, may petition the court to alter either the amount of support or the duration of support provided. For instance, the support amount may be adjusted if the paying spouse loses their job or the supported spouse suddenly accepts a high-paying position somewhere.  

The support amount will only be changed if there has been a considerable change in the situation. It includes factors such as reduced income or some other circumstances, the support recipientｴs health problems, or changes in lifestyle.  

Is Spousal Support Applicable Equally to All Individuals?  

No, it does not apply to everyone the same way. Different people have different scenarios, and so it varies for each spousal support case. Spousal support is not based on a universal template and varies based on the marital relationship. As was explained earlier, a court takes every factor into account into consideration before concluding. The intention here is not to rehabilitate the supportive spouse but rather that the rehabilitative spouse needs reintegration aid without punishing either spouse.

Conclusion  

In California, spousal support is intended to assist one party in sustaining a comparable standard of living following a divorce or separation. Factors that influence the amount and duration of support include the financial circumstances of both spouses, as well as their employment potential and the length of the marriage. It is critical to remember that spousal support is not automatic or assured, and a court will deliberate on all factors before coming to a decision. If you are navigating a divorce or legal separation, speaking with a knowledgeable family law lawyer will help you determine how spousal support, if at all, will factor into your circumstances. If you're navigating the complexities of divorce and want to explore a less contentious route, Understanding Mediation in Divorce: A Path to Amicable Resolution can offer you valuable insights into how mediation can help resolve spousal support and other divorce-related issues amicably.