Focusing On Family Law – And You
Spousal support, also known as alimony, often comes up in California divorce cases. If you are going through a divorce, understanding how spousal support works can help you know what to expect. In California, spousal support helps a lower-earning spouse maintain a similar standard of living after divorce. State law determines the amount and duration of support based on various factors.
What factors determine spousal support?
California courts look at several key factors when deciding how much spousal support to award. The length of the marriage plays a significant role. Generally, the longer the marriage, the more likely the court will order spousal support. Courts may order indefinite support in long-term marriages (over 10 years) and temporary support in shorter marriages.
The court also considers each spouse’s ability to earn an income. If one spouse can earn income but chooses not to, it can influence the support amount.
The court evaluates the standard of living established during the marriage. The goal is to help both spouses maintain a similar lifestyle post-divorce, though both may need to adjust financially.
Courts also look at each spouse’s contributions to the marriage. These contributions include not only financial support but also non-financial contributions, like staying home to care for children or supporting the other spouse’s career.
How do courts calculate spousal support?
California doesn’t use a strict formula for spousal support, unlike child support. However, many courts follow a guideline formula to estimate the amount. This formula considers the paying spouse’s income and the receiving spouse’s financial needs. Typically, the court reduces the paying spouse’s monthly income by 40% and compares that amount to the receiving spouse’s needs.
Can spousal support be modified?
Spousal support is not permanent. Either spouse can request a modification if significant life changes occur. For example, if the paying spouse loses their job or the receiving spouse remarries, the court may modify the support arrangement.
Spousal support in California depends on various factors specific to each case, so understanding how courts evaluate different situations is essential. If spousal support is part of your divorce, be prepared to present information about your financial needs or earning potential.
