Spousal Support
Spousal support, commonly referred to as alimony, may be ordered by the court when a couple legally separates or divorces. Under California law, spousal support is an order for one spouse to pay the other a certain amount of money each month for a certain length of time. Both husbands and wives may be entitled to support, depending on the parties’ financial circumstances and income. Where there is a difference in how much each person earns, the person who earns less may wish to seek support from the other.
Temporary Support
Spousal support covers everyday expenses. It helps the lesser earning spouse transition after a divorce or separation. After the parties separate but before the divorce is final, either party may request a temporary spousal support order from the court. Temporary support is a payment made from the spouse who earns more money to the other individual. It provides temporary financial assistance to the lesser earning spouse only during the divorce proceedings. The temporary support ends once a permanent support award begins.
To calculate the support amount, a software program automatically generates a support figure based on specific financial factors. The purpose of temporary support is to maintain the marital standard of living while the parties are in transition.
Permanent Support
In contrast, permanent spousal support considers factors laid out in CA fam code 4320. The factors include:
- Length of the marriage;
- Needs of each person based on the standard of living during the marriage;
- Earning capacity of each party;
- Age and health of both parties;
- Debts and property;
- Whether one party contributed to the education, training or career of the other party;
- If there was domestic violence in the marriage;
- Whether one party’s career was affected by staying home to take care of the children or other domestic duties.
Once the court considers these factors, then it will order spousal support as part of the final divorce judgment. It is the policy in California to support each spouse becoming self sufficient within a reasonable period of time.
Length of Time for Support
Parties may modify or terminate spousal support as long as the original order granting the support does not state that it is non-modifiable. To modify spousal support, both parties can agree to change the amount or the duration of the support. They then enter into a written agreement and file it with the court. If the parties can’t agree, they may make a request for the court to determine whether the duration or amount should change.
To modify spousal support, the person requesting the modification must file a motion with the court. They must show that there has been a material change in circumstances since the original support order decree. For example, if the supporting party loses a job through no fault of his or her own and has had difficulty finding gainful employment, a court may order a reduction in the amount of support.
Similarly, you are also able to completely end the obligation to pay support if you are able to show a change of circumstances that warrants termination. However, if the order states it is non-terminable for a set amount of time, then you won’t be able to terminate it prior to that date. A support obligation automatically terminates upon the death of the supported spouse.
Spousal support is a very complicated area of divorce. It is often one of the most contentious issues as well. Having skilled legal advocates on your side during this process is invaluable and necessary to achieve optimal results. Please call us at Davies Wegner Law to schedule a consultation with an attorney. The attorneys at our firm are experienced in negotiating support. We will fight ardently for you to ensure the most favorable result. Call us at 310.481.0300 to set up an appointment.