California Alimony / Spousal Support

When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month. This is called "spousal support."

In California, spousal support can be paid while a case is ongoing. This is called a "temporary spousal support order."

Factors Considered in the Award of California Alimony

The judge will take several things into consideration when deciding if spousal support should be ordered. Examples of some things the judge may consider are:

• How long the couple has been married
• The age and health of each spouse
• How much income each can earn on their own
• What the expenses of each spouse are
• Whether there are minor children at home; and
• The history of the way the couple handled money during the marriage

How California Spousal Support (alimony) is Calculated?

Many counties have formulas for calculating the amount of a temporary spousal or partner support order. Check the court's local rules http://www.courtinfo.ca.gov/rules/localrules.htm for the temporary support guideline.

When calculating the duration and amount for the spousal support to be entered into the final judgment of divorce the judge must take into consideration the following factors found in California Family Code section 4320:

• The length of the marriage
• What each person needs
• What each person pays or can pay (including earnings and earning capacity)
• Whether having a job would make it too hard to take care of the child(ren)
• The age and health of both people
• Debts and property
• Whether one spouse helped the other get an education, training, career, or professional license
• Whether there was domestic violence in the marriage
• Whether 1 spouse's career was affected by unemployment, or by taking care of the children or home
• The tax impact of spousal support
• Goal of becoming self-supporting-The goal that the supported party will be self-supporting within a "reasonable period of time." Except in marriages of long duration (10 years or more, or as determined by the court as described in California Family Code, section 4336), a "reasonable period of time" to be self-supporting may be one-half the length of the marriage or as determined by the court.

Modification of California Alimony

Either spouse can later ask the judge to change the support amount if the situation changes.

Termination of California Alimony

Spousal support usually end when any one of the following occur:

• A court order or judgment says it ends
• One of the spouses dies
• The person getting the support remarries

Statutes

For more information on California alimony statutes visit http://www.supportcourt.com/california_family_law_code.htm

Disclaimer: The materials contained in this web site are for informational purposes only. The information contained is general in nature, and may not apply to particular factual or legal circumstances. In any event, the materials do not constitute legal advice or opinions and should not be relied up on as such. Online readers should not act upon any information in this web site without seeking professional counsel.