Spousal Support/Alimony
alimony or maintenance
opposed to child support
opposed to child support
Under Family Code §4320, the court shall consider all of the following circumstances:
- The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
- The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party t acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills of employment.
- The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
- The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
- The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
- The needs of each party based on the standard of living established during the marriage.
- The obligations and assets, including the separate property of each party.
- The duration of the marriage.
- The ability of the support party to engage in gainful employment without unduly interfering with the interest of dependent children in the custody of the party.
- The age and health of the parties.
- Documented evidence of domestic violence.
- The immediate and specific tax consequences to each party.
- The balance of the hardships to each party.
- The goal that the supported party shall be self-supporting within a reasonable period of time applies to a short term marriage. In the case of a marriage of long duration as described in §4336, a ‘reasonable period of time’ for purposes of this section generally shall be one half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, §4336, and the circumstances of the parties.
Frequently Asked Questions
Spousal support, also known as alimony or maintenance, is intended to provide financial support to a spouse following a divorce. Unlike child support, which follows clear, consistent guidelines, spousal support is determined by a range of factors and is at the discretion of the judge.
In California, the court evaluates multiple factors to decide the amount and duration of spousal support. These include each party’s earning capacity, the length of the marriage, the standard of living established during the marriage, and the needs of both parties. Family Code Section 4320 outlines specific considerations, including the supported spouse’s job marketability, their ability to become self-supporting, and the ability of the supporting spouse to pay.
Yes, the duration of the marriage is a critical factor. In short-term marriages, the court often aims to make the supported spouse self-supporting within a reasonable time. For long-duration marriages, this period may be extended, but the court still considers other factors, such as the supported spouse’s health, age, and employment opportunities.
No, spousal support is not automatic. The judge has discretion and will assess various factors to determine whether support is appropriate. Each case is unique, and outcomes can vary depending on the facts presented, the court, and the attorney’s preparation.
Yes, spousal support can be modified if there is a significant change in circumstances, such as a change in either party’s financial situation or the supported spouse’s ability to support themselves.
The court considers the supporting spouse’s income, assets, and earning capacity, along with their standard of living. The ability to pay is weighed against the needs of the supported spouse.
