Spousal support in California can be complicated to calculate, and it is not automatically awarded in every divorce. A family law attorney can help you more with the specifics of your case, but the following is some general information on how this is all treated in our state.
How Is Spousal Support Determined in California?
The way support is determined will depend on whether it is short-term or long-term, which we’ll get into later. In general, however, the courts use computer programs to calculate short-term support and a much closer look at the situation to calculate long-term income.
For temporary support, the court uses monthly net income as a starting point. “Net” income is income after certain expenses are subtracted, such as tax obligations. The court will first look at what number is 40% of the higher-earning spouse’s net income. Next, they’ll look at what number is 50% of the lower-earning spouse’s net income. Then, they’ll subtract the difference between these two numbers. The difference is the awarded monthly support. The court is not required to use this formula, and the judge can adjust it as they believe is fair, but this is generally the starting point.
For long-term support, the judge has no specific formula to use but instead will take a look at Section 4320 of the Family Code and consider all the factors that are listed there to come up with a fair number. Some of the factors they will consider, in addition to just the salaries of the two parties, will include the standard of living they enjoyed during the marriage and how close each spouse is to that at the moment; the marketable skills that each one has; how long the marriage lasted; the age and health of the two persons as well as any children and their health; how the spouse seeking spousal support may have contributed to the other spouse’s career advancements; any evidence of abuse; and many other factors.
What Is the Purpose of Spousal Support?
It’s important to understand that spousal support is not a way to punish one spouse, even if they destroyed the marriage through their bad behavior. Its purpose is to help a spouse who has a much lower income to cover their expenses and live a life similar to what they enjoyed prior to the divorce, while they work deliberately and conscientiously toward becoming self-supporting. In other words, they need to be actively seeking a job or getting training to get a better job.
If two spouses can agree on how much spousal support is fair and present this agreement to the court, the court will typically accept it. However, if they cannot agree, then it would need to go to trial. At that point, a judge will consider whether spousal support is appropriate and how much it should be, as well as how long it should be paid.
Does Every Divorce in California End With Spousal Support Awarded?
No, spousal support in California is not mandatory and gets awarded only in some divorces and only on a case-by-case basis. Generally, if the marriage was very short and lasted only a year or two, there would be no spousal support because there was no real time for the spouses’ individual choices to have a big effect on the other spouse and their career. If the divorcing spouses are already both employed and have similar incomes, again, there would be no spousal support.
It’s also important to know that even if there is a big financial disparity between the two spouses, the higher-earning spouse does not have to pay any spousal support to a spouse who has been convicted of felony domestic violence or sexual assault or who has attempted to murder them.
Short-Term and Long-Term Spousal Support
Either of these types of support is possible, depending on the individual situation of the couple and the decision of a judge. Temporary support is usually ordered by the court at the beginning of the divorce process, and these orders will last only until the divorce is finalized. The idea is just to ensure that the receiving spouse has the money they need to live while the details get hammered out.
Long-term support is what will usually be awarded at the end of the divorce after everything is figured, and it will last as long as the court orders it to or until there’s a significant change in the circumstances of one of the spouses. Generally speaking, for marriages that lasted less than 10 years, long-term spousal support is awarded for half the time of the marriage. So, for example, if a couple were married for six years, spousal support would last for three.
For marriages that lasted longer than 10 years, there is no fixed rule and the court will decide what it thinks is best. The point is to fully support the receiving spouse until they’re able to become self-supporting, and the timeframe is “a reasonable period of time.” If the court believes the receiving spouse is not trying to become self-supporting, they may issue them a Gavron Warning, which lets them know that the spousal support will soon be reduced or terminated unless they show clear evidence of attempting to gain financial independence.
When It Ends
In addition to the limits described above, spousal support can end when either party dies, if the receiving party remarries, or when you reach the date that the court assigned as an end to the support order. The receiving party also may have their alimony terminated or at least reduced if they begin to cohabitate with a partner, even if they don’t formally marry. Additionally, the paying party can request a change or modification if their financial circumstances have changed significantly.
If the paying spouse retires, this doesn’t automatically end their obligation, unless that was something written into the support ordered by the court from the beginning. However, since most people see a decrease in their income once they retire, this can be used as a reason to request a modification to the support order. If a paying spouse attempts to retire at an unusually young age, though, the court may see it as an attempt to avoid obligations and will not allow a modification. If a paying spouse has to retire early due to illness or injury, however, that would be a different situation.
Many other things go into these calculations, and in many divorce cases, either party can bring a modification request at any time if they feel their circumstances have changed. In order to get the right, fair result for you, it’s very important to work with a family law attorney who has plenty of experience in the local California courts.
Whether you are seeking spousal support or you need to defend yourself and your income against a demand for more support than you can pay, a lawyer can help you to properly calculate what’s appropriate and fight for your rights. Whatever your needs, contact us at Seeley Family Law here in the Bay Area today and let us put our experience and compassion to work for you.