Outside of property division, spousal support is often one of the most contentious issues in California divorce. Spousal support, sometimes called alimony, involves payment by one spouse to another for financial support.
Spousal support disputes commonly revolve around one spouse wanting child support and the other spouse not wanting to pay it. Sometimes there is an agreement for spousal support but a disagreement on the amount. When disputes occur, California courts must examine various factors to reach a resolution.
Temporary and long-term spousal support
California has two types of spousal support. Temporary spousal support is payments made to a spouse during the pendency of a divorce and before the divorce is finalized. Long-term spousal support is payments made for a certain time after a divorce is finalized.
Long-term spousal support is sometimes called permanent spousal support. While it can be awarded permanently, this is rare and usually reserved for certain situations.
For example, long-term spousal support might be awarded permanently in a grey divorce where both spouses are long past retirement age. The spouse receiving the permanent spousal support would likely not be expected to go back to work again and may be living on a fixed income, which would justify the issuance of permanent spousal support.
Calculating spousal support
Temporary spousal support is calculated based upon a formula. The exact formula depends on the situation, but the amount is usually calculated by comparing the financial needs of the spouse seeking support and other spouse’s financial ability to pay the support.
Long-term spousal support is calculated based on various factors. Some of these factors include:
- Each spouse’s earning capacity
- The age and health of each spouse
- The duration of the marriage
- The payor’s ability to pay
- The receiving spouse’s ability to become financially independent
When it comes to the duration of marriage, a common outcome is a spousal support award for half the length of the marriage if a marriage lasted less than 10 years. For marriages that lasted more than 10 years, a court determines a reasonable length of time, often based on how long it will take the spouse receiving support to become financially independent.
A court will also consider the assets and debts of each spouse. A higher-earning spouse might have the income to make requested spousal support payments but may also carry a high amount of debt. Or a spouse could request spousal support but a court might be hesitant to grant it if that spouse is awarded highly valued marital assets.
Spousal support payments can be paid periodically, such as every month, or be made as one lump sum payment. How the payments are made is up to the spouses, or the court if the spouses cannot agree. The court will examine what works best based on the spouse’s situation.
Termination of spousal support
Spousal support ends when either spouse passes away or upon the remarriage of the receiving spouse, subject to specific exceptions. Spouses can also agree on their own circumstances that would allow for a termination of spousal support. Otherwise, spousal support orders can be modified if one spouse shows a significant change in circumstances, such as a job loss.
If you and your spouse agree on terms for spousal support, including when or if the support terminates, the agreement should be put in writing and filed with the court. This prevents future disagreements or confusion over the terms.
The law surrounding spousal support is designed to protect the rights of both spouses. Understanding these rights and your options is important before signing any spousal support agreement.
