Spousal support, also known as alimony, is a financial payment made by one spouse to another after a divorce or legal separation. It is intended to help the lower-earning spouse maintain their living standards after the marriage ends.
In California, spousal support is calculated using a formula that takes into account the following factors:
- The income and assets of each spouse
- The needs of each spouse
- The length of the marriage
- The standard of living during the marriage
- The contributions of each spouse to the marriage
Every divorce is different, and there are many factors that go into calculating spousal support in California. At the same time, there are some California spousal support calculators available online. To calculate spousal support in California, you can use a California spousal support calculator available online.
Below, we will discuss the different types of spousal support and how your attorney can calculate an amount that is fair and reasonable.
Why is spousal support important?
Spousal support can be important for many reasons. First, it can help the lower-earning spouse maintain their living standards after the divorce or separation. This is especially important for spouses who have been out of the workforce for a while or have limited job skills.
Second, spousal support can help the lower-earning spouse transition to a new life as a single person. This may include paying for job training, education, or childcare.
And spousal support can help ensure both spouses have an equal opportunity to achieve financial independence after the divorce or separation.
Types of Spousal Support
Temporary Spousal Support in Orange County
If you are getting a divorce, are already divorced, or are living separately from your spouse, you may need to pay or receive spousal support. Spousal support is money paid by one spouse to another to help them maintain their standard of living after the marriage ends.
Each county in California has its own formula for calculating spousal support. The courts generally follow the Santa Clara spousal support guidelines.
To calculate temporary spousal support, subtract half of the lower-earning spouse’s net monthly income from 40% of the higher-earning spouse’s net monthly income.
It is important to note that the Santa Clara spousal support guideline is just a starting point. The court may deviate from the guideline in certain cases, such as if one spouse has special needs or if there is a significant disparity in income between the spouses.
If you are considering getting a divorce or are already divorced, it is important to speak with an experienced Orange County divorce lawyer to discuss your spousal support rights and obligations.
Permanent Spousal Support
If you’re getting divorced in Orange County and your marriage lasted more than ten years, you’ll likely be required to pay or receive permanent spousal support. This means that the higher-earning spouse will need to make monthly payments to the lower-earning spouse until they become self-sufficient.
If your marriage lasted less than ten years, you’ll generally only be required to pay or receive temporary spousal support, which will last for half the length of the marriage. However, there are some exceptions to this rule, such as if one spouse has a disability or if they sacrificed their career to care for the children.
The amount of spousal support that is awarded depends on a number of factors, including the length of the marriage, the age and health of each spouse, their individual skills and earning capacity, each spouse’s needs, and their ability to pay spousal support.
It is important to note that the court will expect the lower-income spouse to become self-supportive as quickly as possible. However, until then, the higher-earning spouse may be required to make monthly support payments.
If you are facing the matter of spousal support, it is in your best interest to retain an experienced family law attorney. The Men’s Legal Center has handled family law matters of all kinds since 1986 and is prepared to provide the counsel and representation services that you need.
Short-term and Rehabilitative support
Short-term and rehabilitative support are two types of spousal support that judges may order in a divorce case.
Short-term support is usually ordered when the marriage is relatively short and it lasts for only a few years. The exact end date for short-term support is set in the court order.
Rehabilitative support, also known as “bridge the gap” support, is designed to help a dependent spouse get retrained and back into the workforce. Rehabilitative support lasts until the recipient is back to work.
Unlike short-term support, the end date for rehabilitative support is not usually set in advance. The agreement is that the support payments will stop when the recipient completes a retraining program and becomes employed in the industry.
The recipient of rehabilitative support is responsible for diligently pursuing the training or course of study and then searching for work. The other spouse is responsible for paying the support until that point.
If the payer spouse suspects that the recipient is not really trying to complete their education or get work, they can ask the court to reduce the support amount or set a termination date. However, the payer spouse would need to prove that the recipient is not working hard enough.
Reimbursement Support
This is spousal support that is not based on financial need. It is a way to compensate a spouse who gave up their education, training, or career advancement during the marriage to support the other spouse’s professional career.
Both spouses typically expect that once the professional spouse is established and earning a high salary, the sacrificing spouse will benefit from a higher standard of living and be free to pursue their own desired career.
However, if the marriage ends before the sacrificing spouse gets any of the expected benefits, reimbursement support can help to balance the scales by making the professional spouse return some of what was given during the marriage.
Reimbursement support is not tied to financial need, so it ends when the agreement or court order says it does. It is typically not terminated based on events such as the supported spouse getting a job or remarrying.
Who is eligible for spousal support in California?
Any spouse may be eligible for spousal support in California, regardless of gender. However, the court will consider many factors in determining whether to award support, including those listed above.
How long do spousal support payments last in California?
The duration of spousal support payments in California can vary depending on the circumstances of the case. However, the court will generally try to order a period of support that is sufficient to allow the lower-earning spouse to become self-sufficient.
In marriages lasting less than ten years, the presumptive length of support is half the length of the marriage. In marriages lasting ten years or more, the presumptive length of support is indefinite. However, the court may order a shorter or longer period of support based on the other factors listed above.
How Can a California Spousal Support Attorney Help?
A spousal support attorney can be a valuable asset when you are going through a divorce or separation in California. They have a deep understanding of the state’s spousal support laws and can help you navigate the complex process.
Here are some of the ways a California spousal support attorney can help you:
Explain the law and your options. A spousal support attorney can explain the different types of spousal support available in California and how the court determines the amount and duration of payments. They can also help you understand your rights and options as either the payor or recipient of spousal support.
Negotiate a settlement. If you and your spouse can agree on an amount of spousal support, your attorney can help you draft a settlement agreement. The agreement will outline the terms of the support payments, including the amount, duration, and how the payments will be made.
Represent you in court. If you and your spouse cannot agree on an amount of spousal support, your attorney can represent you in court. They will argue on your behalf and present evidence to support your position.
Here are some specific services that a California spousal support attorney may offer:
- Guidance through the legal process. Your attorney can explain the different steps involved in the spousal support process and help you stay on track.
- Representation in negotiations. Your attorney can negotiate with your spouse’s attorney to reach an agreement on spousal support.
- Support calculation. Your attorney can help calculate the correct amount of spousal support based on your and your spouse’s income, assets, and other factors.
- Assistance with paperwork. Your attorney can help you complete and file all the necessary paperwork for spousal support.
- Representation in court. If your case goes to court, your attorney can represent you and advocate for your interests.
How to negotiate spousal support
If you are considering a divorce or separation, it is essential to negotiate spousal support with your spouse fairly and equitably. Consider mediation or other forms of alternative dispute resolution to help you reach an agreement.
If you are unable to reach an agreement with your spouse, the court will decide the issue of spousal support at trial. It is vital to have an experienced divorce lawyer represent you in court to advocate for your interests.
Spousal support is a significant financial consideration for many couples getting divorced or separated. If you have questions about spousal support, it is essential to consult with an experienced divorce lawyer.
