If you are divorcing in California, you may be eligible to receive alimony, or spousal support, from your spouse. Spousal support is available to a spouse who does not work or has a much lower income than the other spouse. The goal of alimony is fairness, helping the lower-income spouse obtain the necessary education or training so they can obtain a higher-paying job and get back on their feet.
However, spousal support is not automatic in California or any other state. Not everyone needs it. If both spouses make six figures, for example, then it will likely not be necessary. In a divorce, the court will look at the assets and income and both parties.
If the person is eligible for support, there are two main types: temporary and permanent support. Here is a look at these two types.
Temporary vs. Permanent Spousal Support
Temporary support, as the name implies, does not last forever. It is a form of short-term financial support to assist a party as they go through the divorce proceedings. Temporary support is ordered by the court and is a monthly payment given from the higher-earning spouse to the lower-earning one to assist with expenses while the divorce case is in progress.
The purpose of temporary spousal support is to ensure that both spouses can meet their financial needs during the transition period between separation and divorce. It is usually based on factors such as the income disparity between them, the length of the marriage, the standard of living during the marriage, and each one’s financial needs and ability to pay.
The amount of temporary support can be determined through negotiation between the divorcing couple. If they cannot come to an agreement, then the judge will determine the amount via a court order. Some judges may use a formula. A common one is:
Monthly support = 40% higher earner’s net monthly income – 50% lower earner’s net monthly income
Again, temporary support is not mandatory or automatic. The divorcing party with the lower income has to request it by filing a motion with the court. As soon as a divorce case is filed, the spouse can ask the court to order spousal support. The amount is subject to modification based on changes in circumstances until a final agreement or court order is issued.
Long-Term or Permanent Spousal Support
The other type of support available in California is permanent spousal support, although the name is misleading, as it is never permanent. It can be awarded on a long-term basis, depending on various factors. The judge has wide discretion when awarding permanent alimony.
One significant factor the family courts consider when it comes to alimony in California is the duration of the marriage. The role of support primarily centers on the length of time the marriage lasted. Short-term marriages are marriages that last for less than 10 years. In these cases, alimony does not typically continue for more than half the term of the marriage. For example, for a marriage lasting eight years, alimony would be set for four years.
For a long-term marriage lasting longer than 10 years, the courts do not set a definite date of termination. Instead, the parties are encouraged to return to court for a modification or termination if there is a change of circumstances. In particular, there are just a few events that terminate permanent spousal support in California: death of either party and remarriage of the supported party. In some instances, cohabitating with a partner may qualify as a change of circumstances to modify or terminate an order for alimony.
Other factors that the court will consider when establishing a permanent support award include the following:
- The marital standard of living
- The payer’s ability to pay
- The separate property of both parties
- The health of both parties
- Tax implications
- Hardships to both parties
- Any domestic violence between the couple
Age is also a factor when it comes to paying support. Under California law, once a person reaches retirement age (around age 65), they are not required to continue working to pay support. Therefore, the amount may be greatly reduced at that point, or the person may be able to stop making payments entirely.
Spousal support is a controversial topic that can lead to a lot of tension. If you’re going through a divorce and have questions about alimony, please don’t hesitate to contact us.