In California, alimony (also called spousal support) refers to the financial support one spouse may be required to pay to the other after a divorce or legal separation. The purpose of alimony is to help the lower-earning spouse maintain a standard of living similar to what they experienced during the marriage, at least temporarily, while they become self-supporting.
Here’s an overview of alimony in California:
1. Types of Spousal Support in California
- Temporary Spousal Support: This is support awarded while the divorce is pending. It is meant to help the lower-earning spouse meet their needs during the divorce process. The amount is usually determined by a guideline formula or a temporary order made by the court, based on the incomes of both spouses.
- Permanent Spousal Support: This is support awarded after the divorce is finalized. The court determines the amount and duration based on various factors (see below). Permanent spousal support is not automatic and depends on the specifics of the case.
2. Factors the Court Considers in Awarding Alimony
When determining whether alimony is appropriate and how much to award, the court looks at a variety of factors outlined in California Family Code Section 4320:
- Length of the marriage: The longer the marriage, the more likely it is that the court will order spousal support. Marriages lasting less than 10 years are considered “short-term,” and support is typically awarded for a shorter period, often half the length of the marriage. Marriages lasting 10 years or more are considered “long-term,” and the court may award spousal support indefinitely or until certain conditions change.
- Standard of living during the marriage: The court will consider the lifestyle the couple maintained during the marriage and whether the supported spouse can maintain a similar standard of living post-divorce.
- Earning capacity of both spouses: The court will assess the ability of both spouses to support themselves. This includes education, skills, job market availability, and time needed for the supported spouse to gain employment or improve their skills.
- Contributions to the marriage: The court considers both financial and non-financial contributions to the marriage. For example, if one spouse stayed home to care for children or helped support the other spouse’s career, this could impact the alimony decision.
- Age and health of both spouses: The physical and emotional health of both spouses is a factor, as a spouse with health issues may not be able to support themselves as easily.
- Ability to pay: The court will also consider the paying spouse’s ability to make alimony payments without affecting their own ability to support themselves.
- Domestic violence or abuse: If there was any history of domestic violence or abuse, this may affect the amount and duration of spousal support, especially if one spouse was financially dependent on the other due to abusive behavior.
- Tax consequences: The court may take into account the tax implications of spousal support. Alimony payments are taxable to the recipient and tax-deductible for the payer (if they were established before 2019; for divorces finalized after 2018, the tax treatment has changed, and alimony payments are no longer deductible for the payer nor taxable to the recipient).
- Other factors: Any other relevant factors that could impact the needs of the supported spouse or the ability of the paying spouse to make payments.
3. Duration of Spousal Support
- Short-Term Marriages (less than 10 years): In general, spousal support is awarded for a duration equal to half the length of the marriage. For example, if the marriage lasted 6 years, support may be ordered for 3 years, though this is not a hard rule. The court has discretion to adjust based on the circumstances.
- Long-Term Marriages (10 years or more): In marriages lasting 10 years or longer, there is no set duration for spousal support. The court may order support to continue indefinitely or until certain conditions change (such as the recipient spouse remarrying or becoming self-supporting). However, support is typically reviewed periodically.
- Modification of Spousal Support: Either spouse can request a modification of spousal support if there is a significant change in circumstances, such as a job loss, a substantial change in income, or the supported spouse becoming self-sufficient.
4. How Alimony is Calculated in California
- There is no automatic formula for permanent spousal support in California like there is for child support, but the court may consider guideline amounts when setting temporary spousal support during the divorce. The California spousal support calculator uses both parties’ incomes, tax deductions, and other factors to come up with a guideline amount for temporary support. However, for permanent support, the court uses the factors listed above to determine an appropriate amount.
5. Spousal Support and Remarriage
- Remarriage of the supported spouse generally terminates the obligation to pay spousal support, as the support is meant to help the spouse transition to independence. However, if the supported spouse remarries and the marriage ends, the paying spouse may be required to resume payments.
- Cohabitation (living with a new partner) may also lead to a modification or termination of support if the court finds that the supported spouse is receiving financial support from a new partner.
6. Spousal Support Orders and Enforcement
- If a spouse fails to comply with a spousal support order, the other spouse can seek enforcement through the courts. This may include wage garnishments, property liens, or other enforcement actions.
7. How to Modify or Terminate Spousal Support
- Spousal support can be modified if there is a significant change in circumstances after the original order. A spouse can petition the court to modify the amount of support or terminate it if circumstances change (such as a loss of income, a substantial increase in income, or the recipient spouse becoming self-sufficient).
Conclusion
Alimony in California is designed to help a lower-earning spouse maintain a reasonable standard of living post-divorce while they work to become self-sufficient. The court uses a range of factors to determine whether support is appropriate and the amount and duration of support. For temporary spousal support, guidelines are often used, but for permanent support, the court has broad discretion. If you’re going through a divorce and spousal support is a concern, it’s important to work with a family law attorney to understand how the law applies to your situation.
