Spousal support is a court-ordered payment from one spouse to help cover the other’s monthly expenses. It is determined by the marital standard of living (MSOL), which is one of 13 factors set out in Family Code section 4320. The standard of living established during the marriage is a general description of the lifestyle the parties achieved prior to separating. The court considers factors such as income, taxes, dependents, health insurance deductions, and more when setting spousal support payment amounts.
The duration of support will be based on the facts of the case, such as the length of time the spouses lived together or their ages at the time of separation. Both parties’ needs are assessed based on the lifestyle maintained during the marriage. Spousal support (also known as alimony) is a court-ordered payment from one spouse or domestic partner to help cover the other’s monthly expenses.
To determine the standard of living, the court considers each party’s earning ability, ability to pay support, and their needs as viewed through the Marital Standard of Living. This includes factors such as the age and health of the spouses, the duration of the marriage, and the standard of living established during the marriage.
In summary, skilled California divorce lawyers can help couples reach their goals for spousal support by considering all the facts that weigh in their favor. Understanding the factors considered in determining who pays and how it may affect the couple’s financial situation is crucial for successful spousal support arrangements.
📹 The Ultimate Guide to Spousal Support in California
Ms. Romanovska is a San Francisco family law attorney, licensed to practice in both California and Germany. She is a Certified …
How hard is it to get alimony in California?
In California, permanent alimony is rare, even after long marriages of 10 years or more. Judges may consider “indefinite jurisdiction” for long marriages, allowing the court to make decisions about alimony matters and evaluate orders indefinitely. However, alimony is not “permanent”. If the original spousal support calculation was made under circumstances that no longer apply, it may be necessary to modify the order by requesting a review with the court. Most applicants require assistance from a qualified family lawyer. The Sands Law Group APLC can help with spousal support issues in California.
How to determine spousal support in California?
In California, the Superior Courts of Solano and Alameda counties have adopted a spousal support guideline called the “Santa Clara Guideline” formula for temporary spousal support. The guideline states that the paying spouse’s support should be presumptively 40 of their net monthly income, reduced by half of the receiving spouse’s income. If child support is an issue, spousal support is calculated after child support. Deciding permanent spousal support is a more detailed process, requiring consideration of Family Code Section 4320.
The court must consider marketable skills, job market, time and expenses required for education or training, and the potential need for retraining or education to acquire more marketable skills or employment. Additionally, the court must consider the impact of periods of unemployment on the supported party’s earning capacity.
What voids alimony in California?
Alimony is a legal process where a person is granted financial support to help them with their financial needs during a divorce. Courts assess the individual’s ability to get a job and property division. If the individual does not need financial assistance, they may be disqualified from receiving it. Additionally, marital misconduct, such as adultery or abuse, may disqualify someone from receiving alimony. The specifics of how marital misconduct is considered vary by jurisdiction.
In some cases, remarriage or cohabitation may result in alimony termination or reduction. State laws also play a significant role in determining eligibility and conditions, making it essential for individuals going through a divorce to consult with a knowledgeable attorney familiar with their region’s laws.
How much alimony can a wife get in California?
California’s formula for calculating spousal support is used by courts in divorce or legal separation cases to determine the amount to be paid. The formula involves subtracting half of the lower earner’s net monthly income from 40% of the higher earner’s net monthly income. For example, if one spouse earns $10, 000 and the other earns $2, 000, the alimony award would be $3, 000. Temporary alimony is given to a spouse while the divorce case or legal separation is pending to make the transition from a two-income household to a single-income household less overwhelming for the lower earner. The recipient may take steps to become self-supportive, but temporary spousal support may not turn into permanent alimony when the divorce is finalized.
Does cheating affect alimony in California?
In California, infidelity can impact spousal support, also known as alimony, and child custody arrangements. The court may consider the unfaithful spouse’s use of shared assets to support their extramarital relationship when determining alimony. The court’s focus is on ensuring fairness in the financial aftermath of a marriage, rather than punishing infidelity. Factors like the length of the marriage and the earning ability of each spouse hold more sway in alimony decisions.
In California, the best interest of the child is the guiding principle for determining custody, considering factors such as the child’s health, safety, welfare, and the nature of the relationship with each parent. Infidelity or infidelity is not typically a deciding factor in custody outcomes.
Infidelity can also impact the divorce process timeline, as it can cause increased complexity and heightened emotions. The emotional strain of infidelity may cause disagreements, making it harder for the divorcing couple to agree on matters like asset division or child custody. Additionally, tracing and accounting for expenditures used in the act of infidelity could extend the duration of the divorce proceedings.
Is there a 10 year rule for alimony in California?
The 10 Year Rule in California law allows the lesser-earning spouse to receive potentially indefinite alimony after a marriage reaches 10 years, ensuring financial fairness and stability for the spouse who may have sacrificed career advancements during the marriage. This provision reflects the state’s recognition of the shared contributions to the marriage’s long-term success.
Alimony decisions based on the 10 Year Rule can be appealed, but it is advisable to consult an experienced divorce attorney for valuable insights and strategizing for a successful appeal. The rule plays a significant role in divorce settlements, particularly those involving alimony, as it gives the court more discretion in deciding the duration of alimony payments after a long-term marriage. This rule serves as a critical factor in ensuring financial fairness and stability for the spouse who might have sacrificed their career for the marriage.
Is spousal support automatic in California?
Spousal support is not automatic, and even after a divorce, you and your spouse must go through a “determination of support” process to determine if alimony payments should be made between you and your spouse. In some cases, the court may decide that neither spouse is entitled to alimony payments. To protect yourself, consider signing a prenuptial agreement, which clarifies the financial arrangements between you and your spouse in the event of a divorce. Proving your spouse is cohabiting with someone else or earning a reasonable living can help you avoid paying alimony altogether.
Choosing the right divorce attorney is crucial for avoiding alimony payments. An experienced and knowledgeable attorney can help you make the best decisions for your case and increase your chances of avoiding payments. Being fair in alimony payments can also help the court determine a fair payment.
In California, self-employment can affect alimony payments, as the court takes into account factors such as time spent working and business income. Once an individual reaches retirement age (usually 65), they are not required to continue working to pay spousal support.
What factors affect spousal support in California?
Spousal support in California is determined by various factors, including the length of marriage, income of both spouses, earning capacities, and any special circumstances. Income discrepancy is another factor that affects spousal support. If one spouse earns significantly more than the other, the court may order the higher-earning spouse to provide financial support to the lower-earning spouse. The court also considers the income of both spouses and their earning capacities. If one spouse is unemployed or underemployed, the court may impute income based on their potential.
What disqualifies you from spousal support in California?
Permanent spousal support payments for divorced spouses who were married for ten years or more can end under certain circumstances. These could include the spouse paying the support being 65 or older, retiring, having a lower income or more financial responsibilities, receiving a higher income, or remarrying. The conditions for ending spousal support should be stated in the separation agreement. A reservation of spousal support temporarily stops the order due to an issue between the couple, but may resume again due to changing situations.
What is the average alimony payment in California?
Alimony payments in California typically involve a lower-earning spouse paying around 40 percent of their net monthly income, minus half of their spouse’s income. However, the amount may vary depending on state law, the judge, and other factors. Spousal support in California can be disqualified from receiving alimony if both spouses have enough separate assets to support themselves without additional payments, the higher-earning spouse has additional financial obligations, the division of property alone is sufficient to support both spouses, or the lower-earning spouse has a conviction for domestic violence or sexual abuse.
How long does spousal support last in California?
In California, courts award spousal support based on the length of the marriage, typically lasting half the length. This rule applies to marriages with a total length of less than 10 years. If the marriage lasted longer than 10 years, the judge will not determine alimony duration, instead requiring the paying spouse to continue paying until they prove spousal support is no longer financially necessary. If the couple was married for a very short period, alimony may not be awarded.
There are two main types of spousal support in California: temporary and permanent. Temporary support awards are made before the finalization of a divorce or separation, providing financial support to one receiving spouse during the legal proceeding. Permanent support orders come after the finalization of a divorce judgment as part of the dissolution of marriage decree.
📹 How is Spousal Support Calculated?
Are you in the process of getting divorced and want to know how spousal support is calculated? Check out this short video with …
Ouch my brain hurts. That was complicated. We’ve been married 42 years, have about $2mill in assets, and our only income in the last 3 years has been from a rental property, capital gains from the sale of a property, and withdrawals from an inherited IRA (hers). We’re retired, but have not yet applied for social security. I was the bread winner, so as I understand it her social security will be half of mine when we do start to collect. Also, is her inherited IRA community property? Thanks anyone.
Hi, great article! How does the system work in CA? If the couple never come to an agreement, the judge will never intervene and order an amount in spousal support that is fair? Even if the couple keep coming back and forth to court every 2 or 3 months? The judge is just a viewer? In my case my spouse is asking for support, we don’t have any asset nor kids. He has enough money in inheritance to keep on paying his expensive lawyer $5k every month. He’s unemployed for 3 years. Now he’s claiming since I was the one working during the 3 year marriage, he wants me to to pay him an amount in support which is 50% of my income (I have an entry level job). I can’t even afford a lawyer myself without having to become homeless. He doesn’t want to settle unless I give him 50% of my income.
I’m in a bad situation I’ve been married 7 years to my husband we have no children He recently bought a 2 bedroom mobile home and moved us into it along with moving his mother in as well His mother hates me n I feel like I can’t take her abuse anymore! We’ve all 3 been in this mobile home for 7 months now n it’s becoming unbearable for me I’ve been dependent on my husband during our marriage he has a good enough career and I have worked minimum wage jobs I’ve always taken care of the groceries but he pays for everything else Now with his mother my grocery bill has tripled and I am miserable with her passive aggressive abuse towards me Ugh!!!! He refuses to do anything about her this sucks for me … What are my options? Btw we are in California and always have been
Why should anyone pay spousal support it doesn’t make any sense. Why should you pay someone else for a lifestyle they had with you after they decided to separate from you. That’s obscured. Your employer doesn’t pay you to live the lifestyle you lived when you worked at another business,(Its not their concern). You marry for love not for money or am I wrong. Either way its a trap for the bread winner if its not a prenup its a spousal support LOOK AT DR DRE AND HIS WIFE
unless you end up in a court with a crooked judge. who had an affair with a woman lawyer, she sued him for 250,000. and won. He then takes it out on woman coming before him asking for a divorce and alimony . woman need to know who the judge is who is hearing their case and have a different judge if they are anything like in the comment. funny thing is, having spoken to the woman attorney about your divorce, setting up retainer only to find out she’s having the affair with the judge who was given 2 choices to retire or be removed. disgusting.
Is spousal support based on the money that’s being made or the lifestyle being lived? If I’m rich but I live modestly, I don’t waste money, no fancy cars and houses is her claim the modest lifestyle or my bank balance? Is it also based in income or net worth? If I simply stop working and earn no money but I own stock and never actually ashbout the investment what happens? There’s no income, no money just assets.
Another reason that the job of “stay at home mom/dad” is not a good route to go. In the case of a relatively long marriage, not only does that person lack any real resume for the workforce, but they’ve also not accrued employment time for social security. If the other party no longer makes or never did make much income, then the stay at home mom/dad is in for a rude awakening and tough time. I tell all young girls to make sure they can support themselves BEFORE ever getting married AND having children these days. This is no day and age to be uneducated/unskilled/unemployed. BE INDEPENDENT. Get to work, people!
What you wife never stopped working and smokes 400 dollars in weed a month, messed around on you 1 month after being married and you found out 18 years later when she told you and asked you to take a DNA test to see if you son is yours. Been married 30 years and I want out. But I believe she thinks she has the upper hand with alimony. She makes 30k and I make 100K but the home is paid for and the cars. She is just getting way to hard to live with. My son just moved out and that is the main reason I’m still here. I guess now I will get punished for doing right. I will not be a slave for my life!
Wow,doesn’t seem fair. I’ve worked hard all my life build a nice 401k . My wife has never paid a single bill in our 20 years of marriage. She has a college degree but can’t keep a job because she is an alcoholic. I just found out that she is cheating with several men . Just not fair that she could take half and then get monthly payments too.
When I’m struggling to understand and maybe I’m jumping the gun I haven’t finished the article yet is why does the person deserve the same level of comfort as when they were married especially when it’s the unemployed wife or a wife that has a lesser job that initiates the divorce I don’t understand why they deserve to maintain the same quality of life it’s like quitting a good job for a bad job you make choices those choices come with consequences you should have to live with it this makes no sense to me whatsoever unless if there is some kind of abuse involved
My husband and I have been married almost 25 years. He’s been the bread winner while I stayed home raising our 4 children. Prior to our last child graduating he closed our joint account leaving me with no money and forcing me to hurry up and get a full time job. Not only does he withhold all the money, he won’t help pay for any of my bills causing me to fall further in debt while he lives high off the hog. Due to religious reasons I’m filing for legal separation here in Wisconsin. Will I be able to get spousal support of I file and we still reside together? I have no health insurance and suffer with several medical conditions which is another reason I won’t take the divorce route. I feel like this man used me to raise his kids and advance his career then threw me out like the trash.
I was married one year. No kids, no assets, just debt in my name, and a car. After a year, she left, took our only car and worked 2 more months, and quit. I was giving her money after 6 months since she quit her job. When i wasnt giving her the money she wanted, she took me to court. I had to get a car to keep my job (i have no liscence) to keep paying her and my own bills. Im suprised she was awarded anything. Especially only married 1 year, and no kids.
lifestyle of living should not be consider at all. it’s ends up rewarding one spouse and the other takes a hit. you shouldn’t be rewarded/ compensated for marrying the wrong person. it’s absolutely ridiculous. if you get a divorce both parties lifestyle of living will decrease regardless of how much another makes. the only time alimony should be allowed is if one spouse did not work for several years. if they both work then it should not be talked about
I understand and partially agree with what he said about the woman who had to set outside her education or career or who has those things but said it aside to raise children can’t make the money that her husband is currently making I disagree and I also say so what depending on the age of the children she has the rest of her life to either catch up to where her husband was or is or to still bring in a very good sum of money I just don’t understand how someone who is more or less symbiotic parasite to get divorce deserve to maintain her previous lifestyle from when she was married you weren’t married and you didn’t have as good of a life you got married you haven’t very good life you’ve got divorced you should lose something other than your spouse doesn’t make sense in it hurts my brain LOL
My husband walked out on me and our 2 teenage daughters. We have always lived paycheck to paycheck. He was hired at this company we’re he will make close to six figures. Conveniently up and leaves. This just happened 30 days ago. Should I go and see a divorce lawyer now? Because I can’t financially support myself and start over. We’ve been together 20 years I haven’t establish credit anything.
I have a question, I recieve SSDI and recieve Veteran Benefits for disability. I have no earned income, and my wife works as a medical assistant and she earns 45k a year. We will be married for 8 yrs will she be entilled for alimony?? We have no children. I also have a Veteran’s Loan and my name is the only one on the property title. However, I did purchase the house while I was married. Is she entitled to purchase the home if I don’t want to sell the home to her or make me sell it after the divorce is final??
Thank you so much for making this article. You give great advice. Just curious: can the prenup include clauses to protect the husband’s earnings during the marriage (so called “marital income”) so that the wife doesn’t get any of it except that which is agreed upon (e.g. basic clothes, food, utilities, and rent)?
I’m confused by how a single person wants the financial benefits on a 2 person system as though that is a permanent that way. If the women divorces the man and gets support and can only lose that support when they re-marry. Well as a man when you get re- married do you still have to pay support for your previous marriage?
I personally think spousal support is b.s! Wether you are a man or women! It isn’t fair to have to be paying for someone that doesn’t want to be in your life anymore. The only exception to this I would say are when kids are involved. Basically child support because the kids are both the parents responsibility. Would LOVE to be married one day but this freaks me out!
Hello, I’m staying in Connecticut, after 13 years of marriage I filed divorce, I was a complete housewife before 2 months I started a small part time job, my husband is working as a IT engineer, still I’m not able to hire any attorney, pls just give me some idea how much alimony I will get? After divorce can I take my own healthcare insurance ? I have no idea of anything pls just need help
What if before you got married he was cheating say want do any more but you still got married anyway then 7years later he started back until this day .in 2016 before Christmas he left move in with her and never seen him my mom funeral then my dad funeral and no more .He the one out there shacking up with her. I been faithful from the we met
What if one spouse is retired with pension, social security and 401k is 3 years older, the other has two years before they retire, no minor children. Would that be consideration for spousal support to pay the retired person? The only they have to split equally is the house. OR do they just give the house to a woman?
I am a stay at home mom by his choice. I generally work but, after we moved to a new apartment, he made me quit my job. He got caught abusing us and left. I never asked him to leave, he was worried about police so he ran away. He had paid the rent but then reported his card stolen so it wasn’t paid. I am staring a new job soon but I am worried I will be evicted. I’m not asking for anything in the divorce but, I feel like he shouldn’t skip rent and leave my baby and I homeless. He has also sent emails to the apartment management asking them to evict me because I’m not working and he doesn’t live here anymore.
Wife left me after 25 years. She’s not remarried to her boyfriend yet. I received therapy for depression a d can prove it. After 3 years I’m still struggling financially. She has a high paying job. Could I ask for so.e support in Oregon. I’m not tryungvto be a jerk and ask indefinitely just for the last few years and may e the next year to help out?
I am drowning in this divorce. My parish is so corrupt. You stated that if you can help you would find someone that could, I’m 45, in the middle of a disability suit And my husband walked o it a month ago and cut me off totally. He make over 200,000 a year and I am told the most I can get for interim is 1,000 for one year.
My husband insisted I stay home because he’s to anxious to have a baby sitter. So for 8 years my career and 401k went up in smoke. It was stupid of me. I want to try a separation to see if that is a wake up call. But I’d be starting with zero. He’s always inheriting money and anything I’ve been given has just dissolved into our account. I just feel like I’m his nanny house keeper and I was actually better off single in one of my careers. He doesn’t have as much education or skills as me. Not to be mean. He’s a nice guy and a hard worker. But schizoid so relating to people including me isn’t his thing.
It is disgusting that some states still see cohabitation with someone else as a reason to stop spousal support. This concept comes from when women were considered property and that when they got into a new relationship they were then the property of this next man so the other one was off the hook. So also support is about contributions during the marriage, why would the recipient of spousal supports relationship diminish their contributions to the marriage?????
“Those change in circumstances ” that just come all of a sudden after you have to pay modifiable support. Are Judges really that stupid to just them get away with it? What happens when spouses lie under oath? Are they ever held accountable? How about ATTYs who teach tactics that bring permanent harm to a family and feed the Narc personality so they pad their own bills?
What If both parties agree on a set monthly amount without using any legal obligation. Only amounts e.o. does it have to be on any legal documents. In my case we have no kids we just fell out of love and of course we had our problmes we just do not want to be together. However she does not have a job and she has not worked in over a year. I have already been helping support her altho she is in a different state . I’ll revisit the question : Does our ” alimony ” agreement to e.o. have to be on a legal document? And if so does the legal system have to base it on e.o. income or could we agree on the monthly payment I will be giving her? (Since she hasnt had any in a year) Just curious
I have a spouse (we reside in Texas) who said I was abusive. I was absolutely not abusive and is being falsely accused and received a separate criminal charge. In her discovery she admits cheating during the marriage. She is requesting spousal support. We were married for 8.5 years. Any ideas on this will go?