Spousal Support/Alimony
alimony or maintenance
Spousal support — sometimes called alimony or maintenance — is the subject of many myths and misconceptions. Awards of any spousal support at all are far from automatic, and California judges have broad discretion in determining how much will be paid for how long when they do award spousal support.
opposed to child support
Whether you believe you should receive spousal support or may face a demand that you pay it, the lawyer you choose to represent you could prove pivotal for your financial future. As opposed to child support, which is based on relatively clear, consistent statewide guidelines, spousal support outcomes can vary widely based on the approach you take, the court where your case is heard, your attorney’s level of preparation and other factors.
What factors does a court consider in deciding on spousal support?
On a temporary basis, between the time of separation and the time of trial, the court has a program that is used to calculate spousal support. On a permanent basis the court looks to the factors contained within Family Code Section 4320:
opposed to child support
Whether you believe you should receive spousal support or may face a demand that you pay it, the lawyer you choose to represent you could prove pivotal for your financial future. As opposed to child support, which is based on relatively clear, consistent statewide guidelines, spousal support outcomes can vary widely based on the approach you take, the court where your case is heard, your attorney’s level of preparation and other factors.
What factors does a court consider in deciding on spousal support?
On a temporary basis, between the time of separation and the time of trial, the court has a program that is used to calculate spousal support. On a permanent basis the court looks to the factors contained within Family Code Section 4320:
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.
