Spousal support is often one of the most contentious issues addressed in a divorce. It often occurs that one party needs it, and the other party does not want to pay it.

What is Spousal Support?

Spousal support, sometimes referred to as “alimony,” is a payment made by one spouse to the other for their support and maintenance. There are two types of spousal support in California: temporary spousal support and long-term spousal support (sometimes referred to a “permanent support” or “post-Judgment support.”) While temporary spousal support is an order that can be made before a case has been finalized at a short-cause hearing, long-term spousal support orders are made at the conclusion of a case, either by settlement or long-cause hearing.

Temporary spousal support is based in large part on the needs of the lower-earning spouse and the higher-earning spouse’s ability to pay. Judges often use a mathematical formula as a guideline to determine these factors. However, the amount can vary based on the situation.

Long-term spousal support is awarded with the divorce Judgment. It can be in the form of a monthly payment lasting for a few years, on an indefinite basis, or if the parties agree - it can be paid in a lump sum. Unlike temporary spousal support, there is no specific formula that is used to determine an amount. Rather, a judge would consider a number of statutory factors listed in Family Code section 4320.

What Factors Affect Spousal Support?

Spousal support in California is gender-neutral and typically paid to the lower earner. While judges calculate temporary spousal support using a specific formula, they will evaluate certain factors to determine whether an award of long-term spousal support is appropriate. Factors that impact long-term spousal support can include the following:

• The standard of living during the marriage
• Each party’s earning capacity
• The paying spouse’s ability to pay support
• The recipient spouse’s ability to become self-sufficient
• Each spouse’s age and health
• The debts and assets of each spouse
• The duration of the marriage
• Any contribution made by either spouse to the other’s education
• Any history of domestic violence
• The tax consequences of spousal support
• Any hardship experienced by either spouse
• Any additional factors the judge deems relevant

For marriages lasting less than ten years, spousal support is usually only available for half the duration of the marriage. In a marriage that lasted more than ten years, a judge would consider the length of time that is reasonable, taking into account how long it would take the receiving spouse to become self-supporting. Spousal support payments automatically end when either party passes away or in the event the receiving spouse remarries (subject to certain exceptions). Spouses may agree to other circumstances which would trigger an automatic termination of spousal support.

Deciding Spousal Support Outside of Court

The parties to a divorce don’t always need to go to court to determine spousal support. In fact, spousal support is often resolved by agreement between the parties such that the agreement is put in writing and made into an order of the court.

Unless the spouses agree otherwise, spousal support can be modified after an order has been entered if circumstances have changed significantly. For instance, a change in the amount of spousal support, or the duration of support, may be warranted if the spouse making payments has had a change in employment — or the spouse receiving payments has become self-sufficient. In such cases, the parties can reach an agreement outside of court and submit the agreement to a judge to become a new order modifying the order that came before it. If the other party does not consent to the modification request, it may be necessary to ask the court to determine the issue.

Contact an Experienced California Divorce Attorney

If spousal support is an issue in your divorce, a skillful family law attorney can advise you regarding your rights. Located in Walnut Creek, Bednarczyk & Valerio, LLP offers knowledgeable counsel for a wide variety of divorce and family law matters. Call 925-464-2494 or contact us online to schedule a consultation to learn how we can help determine spousal support factors.