What is Spousal Support?
Spousal support, commonly called alimony, is a payment one spouse may be required to make to the other post-divorce to help maintain the standard of living established during the marriage. California courts assess various factors to determine whether spousal support is warranted and, if so, for how long and how much.
Who is Eligible For Alimony
Not every spouse is automatically entitled to spousal support. Eligibility depends on the circumstances of the marriage and divorce. The court considers:
- Financial Need: Does the requesting spouse have a genuine financial need for support?
- Ability to Pay: Can the other spouse afford to pay support?
- Marital Contributions: Did the requesting spouse contribute to the household or the other spouse’s career in ways that justify support?
- Employment Prospects: Is the requesting spouse capable of becoming self-supporting through employment?
- Criminal Convictions: Has the requesting spouse been convicted for sexual assault, domestic violence, or attempted to murder their partner?
- Duration of Marriage: How long was the marriage?
- Remarriage: Has the requesting spouse remarried or begun cohabitating with a new partner?
Understanding Modern Spousal Support in California
Spousal support in California has evolved significantly to reflect today’s complex financial realities.
Gone are the days when calculating spousal support meant simply dividing a monthly paycheck. Today, there are stock options that could be worth millions tomorrow or nothing next week, cryptocurrency portfolios that fluctuate by the hour, and international business interests that span multiple tax jurisdictions.
Recent legal updates have expanded how courts view income sources, especially considering modern compensation packages that include stock options, restricted stock units (RSUs), and performance bonuses.
How Courts View Your Income
Beyond the Basic Salary
Today’s compensation packages are rarely straightforward. Courts take a comprehensive view of income that includes performance bonuses that might represent a significant portion of your annual earnings.
Courts understand this and typically look at patterns over several years rather than just current numbers. The same applies to stock options and other equity compensation—these aren’t ignored simply because they’re complex.
Business Ownership and Professional Practices
If you own a business or professional practice, determining spousal support becomes more nuanced. Courts distinguish between business profits you can actually access versus paper profits that must be reinvested. A recent California case highlighted this distinction, ensuring support calculations reflect reality rather than just numbers on paper.
Types of Spousal Support
Temporary Spousal Support
Temporary spousal support, also known as pendente lite support, is awarded during the divorce process. Its purpose is to help the lower-earning spouse maintain a stable standard of living until the divorce is finalized.
Unlike long-term support, temporary spousal support doesn’t aim to equalize long-term financial standing but rather ensures immediate needs are met.
How Temporary Spousal Support is Calculated
In California, temporary support is often calculated using a guideline formula based on each spouse’s income and specific deductions, such as taxes and health insurance.
Courts frequently use software called DissoMaster to streamline this calculation. It is typically calculated using a formula: 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income. However, DissoMaster has limitations, particularly for high-income cases. Complex income structures involving bonuses, stock options, business profits, and investment income may require additional analysis beyond the software’s capability.
Long-Term Spousal Support (Permanent Alimony)
Long-term spousal support, sometimes referred to as permanent spousal support, may be awarded after the divorce is finalized and typically applies in longer marriages. Despite being sometimes called “permanent,” long-term support isn’t necessarily forever: many factors determine how long it will last.
It is determined through a combination of statutory guidelines and judicial discretion. While these guidelines suggest ranges for amounts based on income differences and marriage length (e.g., 1.5% to 2% of income difference per year of marriage), these are advisory rather than mandatory.
Their overall calculations involve several factors that assess both the financial needs of the supported spouse and the ability of the supporting spouse to pay.
Key Factors California Courts Consider When Determining Spousal Support
Factors Under California Family Code 4320
California Family Code 4320 outlines specific factors the courts examine to determine spousal support. Let’s explore them.
Standard of Living During Marriage
Courts analyze the couple’s lifestyle during the marriage. For high-net-worth individuals, this includes evaluating multiple properties, luxury assets, and high-end spending habits. This isn’t just about maintaining a certain lifestyle—it’s about understanding the complete picture of your financial life.
Length of the Marriage
The “10-Year Rule” is significant in California. If a marriage lasts ten years or more, courts often consider it a “long-term” marriage, potentially warranting extended support. However, even in short-term marriages, spousal support can apply, though for shorter durations.
Earning Capacity and Marketable Skills
Courts look at each spouse’s ability to earn income. High-income spouses may face higher support if the other spouse sacrificed career advancement or education to support the family.
Health and Age
If one spouse has health issues or age-related career limitations, courts may factor this into spousal support calculations, especially if these conditions hinder earning potential.
Child Care Responsibilities
While child support and spousal support are technically separate, they often interweave, especially regarding career decisions. A parent who stepped back from a lucrative career to raise children might need additional support time to rebuild their professional path.
Tax Consequences
Tax implications of spousal support payments are considered to understand the net effect on both parties. Notably, for divorce agreements executed after December 31, 2018, spousal support payments are no longer tax-deductible for the payer nor considered taxable income for the recipient.
Domestic Violence
A history of domestic violence is a critical factor. In California, there are specific legal restrictions regarding spousal support for individuals convicted of domestic violence. These laws aim to protect victims of abuse from being financially obligated to their abusers.
Assets and Debt
When determining spousal support, judges in California carefully review the debts and assets of each spouse, including both community property and separate property. This assessment helps establish a clear financial picture, allowing the court to understand each party’s economic circumstances and obligations.
Balance of Hardships
The court evaluates the relative hardships each party may face post-divorce. If one spouse would experience a significantly lower standard of living without support, this is taken into account.
Contributions to the Other Spouse’s Career
If one spouse contributed to the other’s education, training, or career advancement—such as by working to support the family while the other attended school—the court may consider this when determining support.
Modification and Termination
Modification of Spousal Support
Long-term spousal support can be modified if circumstances change significantly. For instance, if the paying spouse’s income drops or the receiving spouse becomes self-supporting, a request to reduce or terminate support can be filed.
Termination of Spousal Support
Common termination triggers include the remarriage of the receiving spouse, cohabitation with a new partner, or significant changes in financial status. Courts may also terminate support at retirement age, especially if retirement impacts the payer’s income.
How Long Does Alimony Last in California?
In California, the duration of alimony, or spousal support, is influenced primarily by the length of the marriage and specific circumstances surrounding each case.
Short-term Marriages (Less than 10 Years)
For marriages lasting less than ten years, a common guideline is that spousal support lasts for half the duration of the marriage. For instance, if a couple was married for six years, alimony would typically last for three years.
However, judges have the discretion to adjust this duration based on individual circumstances, which may lead to shorter or longer support periods than the half-duration rule suggests.
Long-term Marriages (10 Years or More)
In these cases, there is no fixed duration for alimony; instead, the court retains jurisdiction to modify or extend support indefinitely based on ongoing needs and circumstances.
This means that a judge can adjust the amount or duration of spousal support as necessary, without a predetermined end date.
In the following video, our senior attorney Alphonse Provinziano explains the ’10-Year Rule’ in California and how it impacts long-term spousal support. Watch to understand how this rule can affect support duration in your case.
Looking Ahead
Understanding spousal support helps you make informed decisions about your future. Whether you expect to pay or receive support, knowledge empowers you to advocate for fair arrangements that consider both parties’ needs and circumstances.
Your financial future deserves careful consideration and expert guidance. Schedule a confidential case evaluation to discuss your specific situation. Our experience with complex support cases allows us to provide the strategic guidance needed to protect your interests.
Frequently Asked Questions (FAQs)
Will I Get Spousal Support?
The California courts make spousal support determinations based on your specific financial circumstances, marriage length, and standard of living during marriage. Each spouse’s earning capacity plays a crucial role, including factors such as marketable skills, job opportunities, and any career sacrifices made during marriage. The court will examine both parties’ ability to maintain the marital standard of living after separation.
How Much Spousal Support Will I Get?
For temporary support during divorce proceedings, California courts use specialized computer programs to calculate amounts based on both parties’ incomes. For long-term support, judges exercise broad discretion considering your marital standard of living, income disparity, and future earning potential. Each case is unique, and awards vary significantly based on individual circumstances and complex financial portfolios.
What Stops Spousal Support In California?
Spousal support automatically terminates upon the death of either party or the supported spouse’s remarriage. The court may modify or terminate support if the supported spouse cohabitates with a new partner, achieves financial self-sufficiency, or experiences a significant increase in income. The paying spouse’s retirement or substantial decrease in income may also justify modification or termination.
Can My Wife Get Support If They Cheated?
California operates under no-fault divorce laws, meaning marital misconduct, including adultery, generally does not impact spousal support awards. The court focuses exclusively on financial factors and the marital standard of living. However, if infidelity resulted in significant dissipation of marital assets, this financial impact may be considered in support calculations.
