Spousal Support (Alimony) in California

Alimony, formally known as spousal support in California, is a payment ordered by the court to be paid by one spouse to the other to meet monthly living expenses and basic needs after a divorce. Courts do not automatically award spousal support in every divorce. Rather, one party must request it in court papers. If the other party disagrees, the judge will hold a hearing on the issue and decide whether to order support based on the evidence and legal arguments made by each party. For this reason, it is critical to get legal support if alimony is at issue in your divorce.

The family law attorneys at Blasser Law are skilled and experienced in handling all kinds of contested and uncontested divorces in Los Angeles and the San Gabriel Valley. Whether you are seeking support or being asked to pay, we can help you work out a practical agreement that respects your rights and meets your needs, or we can advocate on your behalf in court for a fair result in your best interest. Contact our Claremont family law firm for help with spousal support and other issues in your Southern California divorce.

Types of Spousal Support in California

California recognizes two types of spousal support, each serving different purposes depending on the stage of the divorce process and the needs of the parties involved:

1. Temporary Spousal Support: Also known as pendente lite support, this type of alimony is awarded during divorce proceedings. Its primary purpose is to maintain the living standard of the lower-earning spouse until a final agreement or court order is reached.

2. Permanent Spousal Support: Despite its name, “permanent” spousal support is not necessarily lifelong. This type of support is ordered at the end of the divorce process and is based on a detailed analysis of both parties’ financial situations, the length of the marriage, and other factors. The duration and amount can be modified or terminated under certain circumstances.

Determining Spousal Support

The determination of spousal support in California involves various factors as outlined in California Family Code Section 4320. The court considers:

• Earnings and Earning Capacity: The ability of each party to maintain the standard of living established during the marriage, including job skills, job market, and time needed for education or training.

• Marketable Skills and Job Market: The marketable skills of the supported party, the job market for those skills, and the potential need for retraining or education.

• Contributions to Career and Education: The extent to which the requesting party contributed to the paying party’s attainment of education, training, career or license during the marriage.

• Ability to Pay: The ability of the paying party to pay support, taking into account earning capacity, earned and unearned income, assets, and standard of living.

• Financial Needs: The needs of each party based on the marital standard of living.

• Obligations and Assets: The obligations and assets of each party, including separate property.

• Duration of the Marriage: The length of the marriage plays a critical role, with longer marriages typically resulting in longer durations of support.

• Job of the Supported Party: Whether the party requesting support can engage in gainful employment without unduly interfering with the party’s role in taking care of children in the party’s custody.

• Age and Health: The age and health of both parties.

• Documented History of Domestic Violence: Consideration is given to any documented history of domestic violence between the parties.

• Tax Consequences: The immediate and specific tax consequences to each party.

• Balance of Hardships: The relative hardships to each party.

• Goal of Self-Support: The supported party is expected to become self-supporting within a reasonable period, generally considered half the length of the marriage for shorter marriages.

Duration of Spousal Support

The duration of spousal support in California is not set in stone and varies depending on the specifics of the case:

• Short-Term Marriages: For marriages lasting less than 10 years, support is typically ordered for half the length of the marriage. This amount of time is presumed to be reasonable, but the court is authorized to order support for longer or shorter periods.

• Long-Term Marriages: For marriages lasting 10 years or more, there is no set duration for spousal support. The court retains jurisdiction indefinitely, meaning that support can be modified or terminated based on changes in circumstances.

Modifications and Termination of Spousal Support

Spousal support orders can be modified or terminated upon a significant change in circumstances, such as a change in the financial status of either party, remarriage of the supported party, or cohabitation with a new partner. It is essential for both parties to understand that spousal support is not an absolute guarantee and can be adjusted to reflect current realities.

Contact Blasser Law in Claremont for Help With Spousal Support in Your Southern California Divorce

At Blasser Law, our experienced Claremont family law attorneys are committed to guiding you through all aspects of the divorce process, including spousal support (alimony), ensuring your rights and interests are protected whether you are paying or receiving spousal support. If you have any questions or need assistance with your spousal support case in Los Angeles or the San Gabriel Valley, call us today at 877-927-2181 for a free consultation. We are here to help you every step of the way.