PUJA SACHDEV | November 30, 2019 | Spousal Support
Alimony, or spousal support, is financial assistance paid from one spouse to the other spouse when they separate or divorce. Living on your own after being married can create financial hardship. A spouse may not have worked during the marriage. Therefore, they may not have the training or skills to earn a sufficient income to support themselves.
Spouses may have enjoyed a certain standard of living during the marriage. A spouse with a lower income may have trouble maintaining their standard of living after a divorce. Therefore, the court may order alimony or spousal support.
Is There a Difference Between Alimony vs. Spousal Support in California?
There is no difference between alimony and spousal support in California. Both terms refer to financial support awarded during a separation or divorce. However, spousal support is a modern term used to describe financial support.
Alimony is often associated with a man supporting a woman after their divorce. However, spousal support is gender-neutral. Instead of focusing on genders, the term focuses on the differences in earning potential and incomes of spouses.
States with fault divorces may have laws that impact alimony for specific types of wrongdoing. Therefore, alimony can be connected to the fault of the marriage breakup.
California is a no-fault state for divorces. The law does not require you to claim your spouse did something wrong to break up the marriage. You can obtain a divorce for any reason, including the fact that you do not want to be married to someone anymore.
When Can a Spouse Seek Spousal Support in California?
Spouses, same-sex spouses, domestic partners, and former spouses may petition the court for spousal support. Generally, a person seeks spousal support during a legal separation, domestic violence case, or divorce. Several types of spousal support are available. The type and amount of support the judge grants depends on the case factors.
What Are the Types of Spousal Support?
The different types of spousal support that a judge may grant include:
- Temporary spousal support: Judges grant temporary spousal support while a divorce is pending. The judge may or may not continue support payments in the final divorce order.
- Permanent spousal support: Support payments continue until the receiving spouse dies, remarries, or cohabitates with a partner. Permanent support is generally only granted in long-term marriages.
In summary, spousal support can take various forms, each tailored to meet specific financial needs and circumstances, from temporary and rehabilitative support to permanent or lump sum payments.
How Much Will the Court Order for Spousal Support?
Some judges use a formula to calculate temporary spousal support. A county’s local rules contain information about temporary support calculations.
Judges consider several factors when determining how much to award for spousal support. The factors are outlined in California Family Code §4320 and include:
- How long the parties were married or in a domestic partnership
- The standard of living during the marriage
- The health, age, and earning capacity of each spouse
- The income and resources of each spouse
- A spouse’s needs
- The marital property and debts
- Separate property and debts for each spouse
- Whether a spouse may need time to obtain education, skills, and training to obtain employment
In California, spousal support cannot continue for more than one-half of the length of the marriage if the parties were married for less than ten years.
When parties are married for more than ten years, the judge may or may not set a termination date for spousal support. However, spousal support terminates if the receiving spouse remarries or cohabitates with a partner.
Spousal support may also terminate when the paying spouse retires. The earliest retirement age to terminate support is 65 years.
Either party can petition the court to modify spousal support if their financial situation changes. The paying spouse may ask the court to terminate support if their ex-spouse can support themselves.
Seek Legal Advice From a San Diego Family Law Attorney
Spousal support can be a challenging yet crucial element in a divorce case. Understanding your legal rights is the first step in protecting your best interests. Seeking legal advice from an experienced lawyer as early as possible is strongly recommended.
Contact San Diego Divorce Lawyers, APC, to schedule a complimentary case evaluation with a San Diego spousal support lawyer. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
