Navigating through the complexities of spousal support can be challenging. A spousal support award is not mandatory in dissolution of marriage proceedings and the courts have broad discretion when determining whether or not to issue spousal support.
Spousal support, sometimes referred to as alimony in other states, is a court-ordered payment from one spouse to the other, either during the pendency of the divorce proceedings or after the divorce is finalized.
Understanding the types of spousal support and the considerations that courts look at when making spousal support orders is crucial for anyone going through a divorce.
As experienced spousal support attorneys, we can guide you through these considerations, ensuring your rights and needs are adequately represented.
The types of spousal support in California include temporary spousal support (also known as pendente lite spousal support) and permanent spousal support.
Each type serves a different purpose, such as supporting a spouse during the divorce process so they are able to live at their marital status quo (temporary) or to provide financial assistance after their dissolution of marriage based on the marital standard of living (permanent).
Our Experienced Family Law Attorneys provide expert guidance in all support cases, including establishment of temporary or permanent spousal support orders and modification of temporary or permanent spousal support orders.
Temporary spousal support is often awarded during the pendency of the divorce proceedings after a noticed motion by one party. Temporary spousal support provides financial stability to a spouse who may not have an independent income source during this period or has an independent income source but it is not sufficient to maintain the marital status quo.
The purpose of temporary support is so the supported party can maintain the living conditions and standards of the parties as close to the status quo as possible pending the trial and the division of their assets and debts. The court may order one party to pay any amount that is necessary for the other party’s support based on the moving party’s need and the supporting party’s ability to pay.
When making a temporary spousal support award, the courts look at the relative income circumstances of the parties to the dissolution proceeding. The courts must also take into consideration all documented evidence of any history of domestic violence between the parties or by either party against either party’s child. Moreover, any criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of temporary spousal support.
Some California courts have standardized formulas they use to determine temporary spousal support, such as a Dissomaster calculation, which takes into consideration the respective income of the parties, their tax filing status, the timeshare of the children (if any), and deductions including, but not limited to, health insurance, property tax, property interest, mandatory contributions to retirement, and union dues. However, the Courts have discretion to deviate from the formula and may award any amount that is necessary for the support of the other spouse consistent with the requirements they must take into consideration when making an interim spousal support award.
Temporary support orders generally continue in effect until modified during the pendency of the divorce proceedings or until the entry of Judgment of Dissolution of Marriage at which time permanent spousal support orders will likely go into effect.
At Happ Law Group P.C., we are passionate about helping our clients achieve the best possible outcome in their family law matters.
Permanent spousal support is issued after or concurrent with a Judgment of Dissolution of Marriage. The purpose of permanent spousal support is to provide financial assistance as determined by the parties’ circumstances after the dissolution proceedings and the division of the community estate to allow the supported party to maintain the marital standard of living.
For permanent spousal support the courts must take into consideration a variety of factors when making a permanent spousal support award which include, but are not limited to, the extent the earning capacity of each party is sufficient to maintain the marital standard of living; the extent to which the supported party contributed to the education, training or career of the supporting spouse; the ability of the supporting party to pay support; the needs of each party based on the marital standard of living; the obligations of each party; the length of the marriage; the ability of the supported party to engage in gainful employment without unduly interfering with the interests of the children; the age and health of the parties; all documented evidence of domestic violence between the parties or from either party to a child of the parties; the tax consequences to each party; the balance of hardships to each party; the goal for the supported party to become self-supporting; any criminal conviction of an abusive spouse; and any other factors the court deems just.
While temporary spousal support awards may be based on the standardized formulas as discussed above, permanent spousal support may not absent a written agreement between the parties to the contrary.
“Permanent” spousal support does not always mean lifelong; it continues until certain conditions are met, such as the remarriage, death of the supported spouse, or further order of the court.
Modifying permanent spousal support is often complex and requires a change of circumstance. It is also important to seek legal assistance, not only with any modification of a permanent support award, but also with the initial support award to establish the marital standard of living.
At Happ Law Group P.C. we are willing and able to assist with both.
The California Courts Self-Help Guide states that the courts take into consideration the financial needs of the party seeking spousal support as one consideration. This includes examining a party’s monthly expenses and income. Each party will be required to complete financial disclosures setting forth their expenses. The needs of the parties may vary depending on if this is a request for temporary spousal support or permanent spousal support.
Equally important is assessing the ability of the party being asked to pay support. This involves analyzing their income, expenses, and overall financial situation.
For permanent spousal support orders, the courts take into consideration the length of the marriage.
In California, a short-term marriage is considered a marriage of under 10 years. While a long-term marriage is considered a marriage over 10 years.
Generally, in a short-term marriage, spousal support is awarded for one-half the length of the marriage. In long-term marriages, in the initial permanent spousal support order, absent a written agreement to the contrary, the court retains jurisdiction indefinitely to award spousal support. However, this does not prevent the court’s discretion in later proceedings to terminate spousal support upon a showing of changed circumstances.
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In permanent spousal support cases, the courts consider the marital standard of living of the parties which are established based on a variety of factors found in Family Code section 4320.
One of the key considerations in determining permanent spousal support is the standard of living established during the marriage. This includes reviewing various lifestyle aspects like the parties assets and debts, and housing, clothing, vacations, and entertainment expenses.
The court looks at the overall financial situation during the marriage, including the couple’s expenses and lifestyle choices. If the couple lived modestly and prioritized savings, this would be factored into the determination of spousal support in determining whether the spouse received a separate property estate sufficient to maintain the marital standard of living during marriage.
According to the California Courts Self-Help Guide, the court assesses each spouse’s earning capacity when determining spousal support. Just as the court considers the supporting spouse’s earning capacity to determine whether they have the ability to pay spousal support, the court also has discretion to consider the supported party’s earning capacity.
If a spouse is capable of earning more than they are presently earning, the court may impute income, effectively assuming a higher earning capacity for spousal support calculations. However, obtaining an imputation of income for a spouse is not an easy task and you should consult an attorney as there must be evidentiary support in the record for the Court to impute income to a spouse.
One way to have evidentiary support on the record to request an imputation of income to one spouse is through a vocational evaluation. Vocational evaluations are one tool used in scenarios where one party is requesting to impute income to another. A vocational evaluation provides a detailed assessment of a spouse’s employability and earning potential.
In permanent spousal support, the court considers the contributions each spouse made to the marriage, which goes beyond financial contributions.
This includes the extent to which one spouse contributed to the other’s education, training, career position, or professional licensing.
Non-financial contributions, such as homemaking, childcare, and support to the other spouse’s career, are also huge factors when determining permanent spousal support awards.
The court recognizes that these contributions, while non-monetary, have substantial value and impact on the family’s overall wellbeing and financial stability.
As per the Lawyer Monthly, the court considers the health of both parties in spousal support decisions. If a spouse has health issues that affect their ability to work or require additional financial resources, this will be factored into the spousal support arrangements.
Age is another factor. Older spouses may have limited employment opportunities or may be nearing retirement, affecting their ability to achieve financial independence.
In California, spousal support decisions are often influenced by custody arrangements and child support obligations.
For instance, if one spouse has full custody of a child with special needs who will require lifelong care, this can affect spousal support obligations.
The court considers the impact of child care responsibilities on a parent’s ability to work and earn, which in turn influences the amount of spousal support awarded or the length of time for the spousal support award.
Contact us for more detailed guidance on how custody and child support can impact spousal support in your case.
Divorce.com emphasizes that California is a no-fault divorce state, which means the court does not generally consider marital misconduct when determining spousal support.
However, there are exceptions, particularly in cases involving domestic violence and criminal convictions of an abusive spouse.
If there is a history of abuse by one spouse against the other or by one spouse against a child of another spouse, this is a significant factor in the court’s decision regarding spousal support. Moreover, the criminal conviction of an abusive spouse shall be considered in making a reduction or eliminating a spousal support award to that spouse.
In no-fault divorce states like California, the primary focus in spousal support decisions is on the financial needs of the parties and their ability to pay, rather than on marital misconduct.
Spousal support orders in California are generally modifiable, but the court must see a material change in circumstances since the last spousal support order to consider a modification.
This means if there have been substantial changes in your income, expenses, or other relevant financial aspects, you may request the court to modify your long-term spousal support order.
Another factor which may be considered a material change in circumstance is one spouse’s cohabitation with a nonmarital partner. A supporting party’s cohabitation with a nonmarital partner provides a rebuttable presumption of a decreased need for support for that party.
In conclusion, spousal support in California is a complex issue, hinged on various factors such as each party’s financial situation, the standard of living during the marriage, the duration of the marriage, and each party’s contributions to the marriage.
Every spousal support case is unique.
At Happ Law Group P.C., we specialize in providing comprehensive legal assistance in spousal support cases. Our experienced team is equipped to handle the intricacies of these cases, ensuring that your needs are effectively represented and your rights protected.
If you or someone you know is in need of legal assistance regarding spousal support, don’t hesitate to reach out to us.
What is spousal support in California?
Spousal support, sometimes referred to as alimony in other states, is a court-ordered payment from one spouse to the other. There are two types of spousal support, temporary spousal support and permanent spousal support. Each type serves a different purpose, such as supporting a spouse during the divorce process so they are able to live at their marital status quo (temporary) or to provide financial assistance after their dissolution of marriage based on the marital standard of living (permanent).
How is spousal support calculated in California?
The calculation of spousal support in California considers several factors, including the length of the marriage, each spouse’s financial needs and earning capacity, the standard of living established during the marriage, and contributions to the other spouse’s career or education.
Can spousal support orders be modified?
Yes, spousal support orders can be modified if there is a material change of circumstances since the last order was made. This could include changes in income, employment status, the health conditions of either party or the supporting party cohabitating with a nonmarital partner.
DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.
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