Spousal support (also known as alimony) in California is a court-ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses. It is intended to help the lower-earning spouse maintain their standard of living after the divorce.
There are two types of spousal support in California: temporary and long-term. Temporary spousal support is ordered before the divorce is finalized and is intended to help the lower-earning spouse get by until the divorce is final. Long-term spousal support is ordered after the divorce is finalized and can last for a set period of time or indefinitely.
The amount of spousal support that is awarded is determined by a number of factors, including:
- The length of the marriage
- The incomes of the spouses
- The earning potential of the spouses
- The age and health of the spouses
- The needs of any dependent children
- The standard of living that the spouses enjoyed during the marriage
In California, there is a spousal support guideline that judges can use as a starting point when determining the amount of support to award. However, the judge is not bound by the guideline and can award more or less support depending on the specific circumstances of the case.
The duration of spousal support is also determined by a number of factors, including the length of the marriage, the age and health of the spouses, and the earning potential of the spouses. For marriages lasting less than 10 years, the duration of support is presumed to be half the length of the marriage. For marriages lasting more than 10 years, there is no automatic termination date. The judge will determine the duration of support based on the specific circumstances of the case.
If you are considering filing for divorce and are unsure about whether you will be awarded spousal support, you should speak with an experienced family law attorney. An attorney can help you understand the factors that are considered when determining spousal support and can represent you in court if necessary.