Spousal support, sometimes referred to as spousal maintenance or by the traditional term alimony, comes in two different forms in California. Spousal support can either be temporary or it can be permanent.

The type of spousal support ordered more or less depends on the point at which it is ordered during divorce proceedings. The basic differences are that temporary spousal support is ordered during a pending divorce and is often calculated by a guideline calculator, much like child support.

On the other hand, permanent spousal support is awarded after a court has ordered the dissolution of a marriage. Either of the two types may be modified after an award has been made.

Temporary Spousal Support

As mentioned, temporary spousal support is awarded during a divorce proceeding, annulment proceeding, or during legal separation. One party makes a request to the court for such spousal support, and the court often uses a guideline calculator to determine what amount – if any – is appropriate for a temporary spousal support order. However, according to the local rules for courts in San Diego County, San Diego County has declined to adopt a specific guideline calculator and will instead use any relevant information in determining the possibility and amount of temporary spousal support. For the purpose of determining orders for temporary spousal support, courts tend to only consider the information required to complete a guideline calculator and determine the requesting party’s need for support and the other party’s ability to pay support.

Permanent Spousal Support

Permanent spousal support is determined and awards at the time a divorce is finalized. An additional difference is that permanent spousal support is not determined by using a guideline calculator. In fact, California courts prohibit the use of such guideline calculators in establishing or recommending permanent spousal support. While factors considered in temporary spousal support decisions are generally limited to one party’s need and the other party’s ability to pay, some factors a judge may use in determining the amount – if any – that may be owed in permanent spousal support include:

  •      Length of the marriage or domestic partnership;
  •      Each person’s needs based on the established standard of living;
  •      Age and health of both people;
  •      Debts and property of both people;
  •      Role each spouse played in the educational or career development of the other spouse;
  •      Whether one spouse stayed out of the workforce to raise children or would need to do so after divorce; and
  •      Tax implications of spousal support.

Permanent spousal support may not be entirely permanent, either. There are several circumstances in which permanent spousal support can be rescinded, including:

  •      Remarriage of the person receiving support;
  •      Death of either the recipient or provider of support;
  •      Expiration of a predetermined length of time from the court; and
  •      Change in the circumstances of one or both of the parties that affects need and/or the ability to pay.

More Information

If you have questions or concerns about spousal support, including whether or not it may apply to you during divorce proceedings or once they are finalized, a family law attorney can explain the various legal aspects involved in determining and awarding such support. Family law attorneys often have guideline calculator templates to help determine what, if any, temporary spousal support is appropriate.

Contact JWB Family Law to schedule a consultation where your questions about spousal support can be answered in a clear, direct way. Divorce is never an easy process, but a family law attorney with experience handling the various, dynamic aspects of divorce can help the process be less unpredictable.

Getting divorced in San Diego County? Call us today. 619.234.6123

JWB Family Law Free Consultation San Diego

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

Family Code Section 2030 and Its Role in Alleviating Financial Struggles in Divorce

Within the intricate landscape of family law, Family Code Section 2030 assumes a pivotal role by addressing the economic imbalances that often surface during divorce proceedings. Its primary objective is to ensure that both parties embroiled in a divorce have...

Tips for Protecting Your Financial Interests During a Divorce

Tips for Protecting Your Financial Interests During a Divorce   Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future...

How to Divide a Community Property Home?

When individuals go through a divorce, they often contemplate selling their home quickly to divide their community property funds swiftly—an action that can be potentially costly. It's crucial not to sell the house until a written agreement has been established and...

Child Support for Children with Special Needs

Many individuals experience an increased likelihood of divorce when their marriage involves raising a child with special needs, be it due to conditions like autism or other medical issues. This heightened risk of divorce can be attributed to the significant stress...

Federal Laws & Procedures Impacting Military Divorce

Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

A Detailed Breakdown of the Divorce Procedure

Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future financial stability. In this blog, we will discuss several essential...

The Difference Between Contested & Uncontested Divorce

Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

Common Mistakes to Avoid During Divorce Proceedings

Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

Property Division in Divorce: What You Need to Know

Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

How to Choose the Right Divorce Lawyer for Your Case

Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...