Spousal Support in California

Spousal Support in California 

Divorce can be a challenging process. Among the many concerns that arise, financial stability post-divorce is often at the forefront. One option for helping to alleviate a significant financial burden after divorce is spousal support, commonly known as alimony. However, spousal support is not allocated in every divorce judgment, and understanding when it is appropriate to request or award spousal support can be difficult.

At Miranda, Magden & Miranda, LLP, we understand the complexities of securing your financial future after a divorce. This blog post explains the types of spousal support available in California and offers guidance on determining the appropriate type to request during divorce proceedings.

Types of Spousal Support in California

In California, two types of spousal support are available, each designed to meet different needs during and after the divorce process.

1. Temporary Spousal Support: This form of support is provided during the divorce proceedings. It is intended to maintain the financial status quo until a final spousal support order is issued. The amount is usually determined by a formula set by local guidelines.
2. Permanent or Long-term Spousal Support: Despite its name, permanent spousal support does not necessarily last forever. It is awarded after the divorce is finalized and is based on a detailed consideration of several factors, including but not limited to each spouse’s earning capacity, the standard of living established during the marriage, and the length of the marriage. This type of support continues until the death of either party, remarriage of the supported spouse, or further court order.

Reasons Why Spousal Support May be Awarded

In most cases where permanent spousal support is awarded, it is designed to help the supported spouse (or recipient) become self-supporting. This form of rehabilitative support is temporary and focuses on providing financial assistance while the recipient acquires the necessary education or training to enter the workforce.

Another less common reason for allocating permanent spousal support is to reimburse one spouse for financial contributions toward the other spouse’s education or career advancement during the marriage. This form of support acknowledges the investment made during the marriage and seeks to compensate the supporting spouse.

Determining the Appropriate Amount of Permanent Spousal Support

Determining the appropriate amount of permanent spousal support, if any, to award will hinge on various factors, including the duration of the marriage, the needs of the supported spouse, and the supporting spouse’s ability to pay. In marriages of short duration (usually less than ten years), spousal support is generally awarded for a limited period to enable the supported spouse to become financially independent within a reasonable timeframe. For longer marriages, permanent support may be more applicable, especially if one spouse has a significantly lower earning capacity or has been out of the workforce for an extended period.

Calculating Spousal Support Payments

The calculation of permanent spousal support payments involves a careful analysis of:

• The length of the marriage,
• The living standard during the marriage,
• The financial resources and needs of both spouses,
• Each spouse’s earning capacity and
• Contributions to the marriage, including domestic duties and support for the other spouse’s career.
• Several other factors located in the California Family Code.

Requesting Spousal Support in California

To initiate a request for spousal support, it should be included in your divorce petition or response. It can be requested during the pendency of proceedings by filing a motion. It is crucial to provide comprehensive financial information to the court, detailing income, expenses, assets, and debts. The success of a spousal support request can be influenced by demonstrating a genuine need for support and the ability of the other spouse to pay.

Contact Us for Guidance

At Miranda, Magden & Miranda, LLP, we are committed to guiding our clients through the process of divorce, including requesting spousal support when appropriate. Our experienced family law attorneys understand the nuances of California spousal support laws and are dedicated to advocating for your financial security during and after your divorce. Contact us today for personalized legal advice tailored to your unique situation.