Spousal support, commonly referred to as alimony in other states, plays a significant role in divorce proceedings. Whether ordered by the court or agreed upon through settlement, spousal support is a financial bridge for one spouse during and after a divorce. Depending on the duration of the marriage and the specific circumstances of both parties, spousal support orders can be temporary, lasting only for a few years, or permanent, continuing indefinitely for long-term marriages.

If you are preparing to end your marriage or are currently under spousal support orders, understanding the full scope of your spousal support obligations is essential. Knowing the details can help you during divorce settlement negotiations and guide you in determining whether you qualify for a modification of your existing spousal support agreement.

Overview of Spousal Support in California 

California law, specifically under the Family Code, mandates that spouses are obligated to support each other during and after the dissolution of their marriage. The goal is to ensure both parties maintain financial stability while transitioning to independent lives. Spousal support is assessed at different times during a dissolution in California. The court considers temporary spousal support and permanent spousal support. Each serves a different purpose and has unique criteria for duration and calculation.

Temporary vs. Permanent Spousal Support in California 

Temporary Spousal Support Orders

Temporary spousal support, or “pendente lite” support, is designed to maintain the financial status quo while the divorce process is ongoing. This type of support aims to ensure that the lower-earning spouse has the financial resources necessary to cover living expenses during the separation period. Temporary support is typically awarded early in the divorce process. It is intended to help the recipient spouse adjust to their new financial circumstances while the final terms of the divorce are being negotiated.

The amount of temporary spousal support is usually determined using guideline calculations. In California, these guidelines are implemented using specialized computer programs that input both parties’ financial data, including their incomes, deductions, and other relevant financial factors. The calculation aims to ensure that the recipient spouse can maintain a standard of living similar to what they had during the marriage while still being fair to the payor spouse.

It is important to note that temporary spousal support is, as the name implies, temporary. It is not designed to last indefinitely and will generally cease once the divorce is finalized or if both parties agree upon a specific end date. Once the divorce is settled, temporary support gives way to permanent spousal support, which may or may not be ordered, depending on the circumstances of the case.

Permanent Spousal Support Orders

On the other hand, permanent spousal support is awarded after the divorce is finalized. Its purpose is to provide long-term financial assistance to the lower-earning spouse, ensuring that they can maintain a standard of living that is comparable to what they had during the marriage. However, “permanent” does not always mean that the support will last indefinitely. Instead, the duration and amount of permanent spousal support depend on several factors outlined in Family Code Section 4320.

The factors considered when determining permanent spousal support include:

• The standard of living established during the marriage: The court will evaluate the lifestyle both spouses were accustomed to during the marriage and determine the support needed to maintain that standard.
• Earning capacity: Each spouse’s ability to earn an income is crucial in determining spousal support. This includes their current income and potential for future income based on their skills, education, and work experience. If one spouse performed household or domestic duties during the marriage, thereby impairing their earning capacity, this will be considered.
• Contributions to the marriage: If one spouse made significant contributions to the other spouse’s career or education, such as by paying for their schooling or taking care of household duties while the other advanced their career, this will be factored into the spousal support award.
• Health and age of both parties: The court will consider each spouse’s physical and mental health and their ages. For example, an older spouse who has been out of the workforce for many years may have a harder time re-entering the job market, making them more likely to receive long-term support.
• Duration of the marriage: Spousal support is generally limited in duration in short-term marriages (typically those lasting less than 10 years). The rule of thumb is that it will last for half the length of the marriage. For long-term marriages (10 years or more), the court may order spousal support to continue indefinitely, though modifications may be possible if circumstances change.
• Financial obligations and needs: The court will also assess each spouse’s financial obligations and needs, taking into account any debts or responsibilities they have.

Permanent spousal support is highly discretionary, meaning that the court has significant flexibility in determining the amount and duration. Unlike temporary spousal support, which follows specific guidelines, permanent support is not calculated using software. Instead, the court carefully evaluates the individual circumstances of both parties to reach a fair and reasonable outcome.

The Duty to Become Self-Supporting 

While permanent spousal support is designed to help the lower-earning spouse, it is important to remember that the recipient spouse has a legal duty to become self-supporting within a reasonable time. The court usually expects the receiving spouse to become financially independent. This expectation is particularly strong in cases where the spouse can earn an income or pursue further education or training.

Failure to make efforts toward self-sufficiency may lead to a reduction or termination of spousal support. For instance, if a spouse can work but chooses not to seek employment, the payor spouse may request that the court reduce or terminate the support payments.

Modification and Termination of Spousal Support

Spousal support orders are not set in stone and can be modified or terminated if there is a significant change in circumstances. The spouse paying support may request a modification or termination of the order if they can demonstrate a “material change in circumstance.” This could include:

• Job loss or reduction in income: If the paying spouse loses their job or experiences a significant reduction in income, they may petition the court for a reduction in their spousal support obligations.
• Retirement: If the paying spouse retires or is forced into early retirement, they may request that spousal support be reduced or terminated. The court will consider whether the retirement was voluntary and whether the paying spouse still has the financial capacity to continue making payments.
• Disability: If either spouse becomes disabled and can no longer work, spousal support could be modified.
• Remarriage or cohabitation: The court may terminate the spousal support order if the receiving spouse remarries or enters a new cohabitating relationship. California law generally states that remarriage automatically ends spousal support unless otherwise agreed upon in the divorce settlement.

The ability to modify spousal support ensures that the arrangement remains fair to both parties as their circumstances change over time.

Why Professional Legal Guidance is Crucial

Spousal support laws in California can be complex, and navigating them without professional assistance can be overwhelming. Whether you’re seeking to establish spousal support, modify an existing order, or terminate support altogether, having an experienced family law attorney by your side is critical.

A knowledgeable attorney can help you understand the nuances of the law, guide you through the court process, and represent your interests during negotiations or litigation. Additionally, they can help you gather the necessary evidence to support your case, whether you are requesting support or defending against an unfair spousal support claim.

At JWB Family Law, we have extensive experience handling spousal support cases and can provide the guidance you need to achieve a fair outcome. Whether you’re at the beginning of a divorce or need to revisit your spousal support arrangement, our team is here to help. Contact JWB Family Law at (619) 777-5843 or visit our website to schedule a consultation and discuss your options.