Spousal Support in California: a Primer
When couples decide to part ways, the emotional and financial aspects of divorce can be overwhelming. In California, spousal support, also known as alimony, plays a significant role in helping the lower-earning spouse maintain a standard of living close to what was established during the marriage.
Understanding how spousal support works is crucial for both parties involved. This blog post aims to shed light on some of the key factors that influence spousal support orders in the Golden State.
What is Spousal Support?
Spousal support is financial assistance paid by one spouse to the other during and after the divorce proceedings. The primary goal of spousal support is to help the lower-earning spouse achieve financial independence.
Types of Spousal Support in California
Temporary Spousal Support: Ordered during the divorce proceedings to maintain the status quo until a final order is established.
Permanent Spousal Support: Granted after the divorce is finalized, with the duration and amount determined based on various factors, some of which are highlighted below.
Factors Influencing Spousal Support
California Family Code Section 4320 outlines several factors that the Court considers when determining spousal support, including but not limited to:
Length of the Marriage: the duration of a marriage is a critical factor influencing spousal support determinations. Short-term marriages, typically those lasting less than ten years, often result in shorter support durations. In contrast, long-term marriages (i.e. exceeding ten years) may necessitate more extended support periods. In other words, a couple married for 15 years may be subject to heightened considerations - on both nominal and relative bases - than a couple married for only five years. This factor recognizes the financial interdependence that naturally develops and grows over a more extended period of marital commitment.
Needs of Each Party: maintaining the established standard of living is a predominant concern in spousal support decisions. Section 4320 aims to allow both parties to continue to enjoy a lifestyle similar to that which they were accustomed to during their marriage. For example, if a couple enjoyed annual vacations, upscale living arrangements, or private education for their children during the marriage, the Court aims to sustain these elements post-divorce, if possible.
Earning Capacity: prior to making an order, the Court will likely consider the marketable skills of the supported spouse, examine the job market for those skills, and assess the need for further education or training to enhance earning capacity. Generally speaking, this means that spouses with the ability to earn a living cannot rely on the other spouse in perpetuity. On the flip side, however, if a spouse sacrificed career opportunities for the sake of the family during the marriage, the Court may consider the cost and time required for that spouse to acquire the skills needed to reenter the workforce at a competitive level.
Age and Health: the Court will assess whether age or health issues affect the ability of one spouse to work and support themselves. For example, if one spouse has a chronic health condition that limits their ability to maintain full-time employment, the Court may consider a more substantial and longer-lasting spousal support arrangement. Similarly, if a spouse has been dependent on the other for decades and is elderly, the Court may well extend the support obligations beyond ordinary timelines.
Contributions to the Marriage: contributions made by each spouse to the education, training, career, or license of the other are carefully scrutinized. Financial contributions (such as funding a spouse's education) and non-financial contributions (such as managing household affairs to enable the other spouse's career growth) are weighed by the Court. As an example, a spouse whose income helped pay the other’s tuition or living expenses during their studies may receive greater support based on the other spouse’s resulting career advancement.
Domestic Violence: instances of documented domestic violence are given serious consideration, reflecting the Court's commitment to protecting the safety and well-being of the supported spouse. Although other important remedies exist for instances of domestic violence, the Court may prioritize providing financial support to the victimized spouse to help accelerate their recovery and path to independence.
Child Custody: Child custody and support obligations significantly impact spousal support awards. If the supported spouse has primary custody of the children, the Court takes into account the additional financial responsibilities associated with childcare. For instance, if one spouse is the primary caregiver for the children, the Court may adjust spousal support to account for the financial strain of raising children alone.
Tax Implications: the Court often take into account the tax consequences for each spouse, including the impact of spousal support payments on the taxes of both the paying and receiving spouses. Indeed, alimony payments are deductible for the payor spouse, and taxable for the payee spouse, so this characterization will be considered in determining ability to pay, sufficiency to meet the needs, and other related matters.
Debt Obligations: the debt obligations of both parties play a critical role in the Court’s decision-making process. The evaluation of debt obligations goes beyond assessing the amount owed; it considers the nature, origin, timing (i.e. incurred prior to vs. during the marriage), and division of the debts, as well as each party’s ability to repay the debt. All else equal, a spouse saddled with a larger portion of marital debts may receive higher spousal support, whereas a spouse with minimal debt obligations may be ordered to pay more in support.
Modifications and Termination
Although spousal support obligations can last for years, spousal support orders in California are subject to change as the parties’ own life circumstances change. Significant changes in circumstances, such as loss of employment, significant income changes, retirement, or the remarriage of the supported spouse, can warrant a reevaluation and potential modification of support orders.
To learn more about your spousal support rights, contact Shayan Family Law, APC.
