Spousal support, which used to be called alimony, is money that is paid by one spouse to another during and after a divorce in California. Today’s spousal support is gender-neutral and is rarely lifelong because spouses are expected to make an effort to eventually become financially self-sufficient. If you can’t reach an agreement with your spouse about support, the court will issue an order based on California law. If you’re seeking support or being asked to pay it, it’s important to speak to an experienced Long Beach, California spousal support attorney to ensure that your interests are protected. Envision Family Law is known for our personal service and excellent outcomes.
What Is The Purpose Of Spousal Support?
Spousal support is designed to offer a financial lifeline following a divorce. The spousal support order is granted by the judge and allows the lower-earning spouse to maintain a lifestyle similar to the one they previously enjoyed during the marriage. Additionally, spousal support can be awarded in two different forms, either on a temporary or permanent basis.
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Temporary Spousal Support
This type of “pendente lite” support is intended to preserve the status quo by requiring a higher earning spouse to make payments to a lower earning spouse until there is a settlement or court order ending the action for divorce. Each California county has its own calculator to determine how much is paid and judges rarely deviate from this amount. It’s important to remember that expenses that might not be considered in determining the amount of child support, might be relevant for an application to the court requiring your spouse to pay your attorney fees. Whether you’re requesting support or being asked to pay it, it’s important to get advice from an experienced California spousal support attorney who knows how to protect your interests.
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Permanent Spousal Support
The court has much more discretion when ordering permanent spousal support at trial and will use the fourteen factors set forth in California Family Code Section 4320 as a guide to determine the amount and duration of spousal support. The length of support is usually in proportion to the length of the marriage. This means that you’re unlikely to receive spousal support (or have to pay it to your spouse) if the marriage lasted less than a year. If your marriage lasts for at least nine years, you’re likely to be awarded payments (or required to make payments) for about half the length of the marriage. For longer marriages of ten years or more, you could receive or make payments for a longer period of time, for life or until remarriage. The amount of support will depend on the disparity in incomes, the skills and education of both parties and whether one party has given up professional opportunities to take care of children. It’s called a permanent order for spousal support, but it’s important to know that it can be modified if the financial situations of the former spouses drastically change.
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How Do California Courts Determine Spousal Support Amounts?
When courts in California decide on spousal support awards, they follow guidelines outlined in California Family Code Section 4320. These factors help judges arrive at fair decisions while maintaining a reasonable standard of living for both parties after separation:
- The extent to which each party’s earning capacity is sufficient to maintain the standard of living established during the marriage.
- The contributions made by the supported party to the other’s education, training, career status or licensure.
- The ability of the supporting party to pay spousal support, considering their earning capacity, earned and unearned income, assets, and standard of living.
- The needs of each party based on the standard of living established during the marriage.
- The length of marriage, and the age and health of each spouse.
- Whether the supported party’s present or future earning capacity is impaired by periods of unemployment incurred during the marriage to devote time to domestic duties.
- The immediate and specific tax consequences to each party.
- The expectation that the party receiving support will be able to support themselves within an appropriate period.
Our legal advice law firm helps clients understand how these factors apply to their unique spousal support matters.
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How Long Does Spousal Support Last In Long Beach, California?
The duration of support depends largely on the types of spousal support and how long the marriage lasted. For marriages under 10 years, support generally lasts around half the length of the marriage. Courts may not set a definite end date for marriages 10 years or longer. This allows for extended or open-ended support obligations.
That said, even “permanent” orders are not necessarily lifelong. Courts encourage both parties to become self-sufficient and will review circumstances down the line. If you are unsure how long your support order might last, a legal advice law firm like ours can evaluate your situation.
Can You Modify Spousal Support Amounts In California?
Spousal support matter orders can be modified when there’s a significant change in circumstances. These might include:
- Loss of employment
- Increase in income
- Retirement
- A change in living situation
In some cases, changes to child support can also justify adjusting spousal support. Instead of navigating these updates alone, let our Southern California family law attorneys handle it for you. We will help you request or oppose modifications through the proper legal channels.
Contact Our Southern California Spousal Support Attorneys For Urgent Guidance
If you believe you’re entitled to support or that you shouldn’t be paying it, it’s important to speak to an experienced California spousal support attorney in Long Beach who can help you understand your rights. Envision Family Law prides itself on providing the highest quality legal services in California to every client served. To receive support from our attentive alimony attorneys, call us at 888-273-7939 or email our staff today.
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