Spousal Support
In California, spousal support (also known as “alimony”), is financial support that one spouse may be ordered to pay to the other spouse during or after a divorce in California.
In California, spousal support can be either temporary or long-term. Temporary spousal support is paid during the pendency of the divorce proceedings, while long-term spousal support is paid after the divorce is finalized.
There is no specific formula for determining spousal support in California, unlike child support. Instead, spousal support is determined by the court based on a number of factors found in Family Code section 4320. Some primary factors within that Code section are as follows:
- The length of the marriage
- The standard of living during the marriage
- The supported spouse’s needs and ability to earn a living
- The supporting spouse’s ability to pay
- The age and health of both spouses
The court may consider evidence such as income and expense declarations, tax returns, employment records and testimony from witnesses. Once the court has considered all of the relevant factors, it will issue an order stating the amount and duration of spousal support to be paid. If the marriage is of short duration, which is defined in California as a marriage of less than 10 years, there is a presumption that spousal support should not last longer than one-half the length of marriage. However, if the marriage is of long duration, which is defined in California as a marriage of 10 years or more, there is no presumption on the duration of spousal support.
Spousal support orders can be modified if there are significant changes in either spouse’s financial situation or if there are other changes in circumstances that affect the need for support.
In my experience, spousal support is frequently one of the most contentious issues in a divorce.
