California Alimony: Who Receives It and How Long Does It Last?
Spousal support (also known as alimony) plays a key role in helping divorcing spouses transition from married life to financial independence, but it is often misunderstood. The reality is that spousal support is case-specific and outcomes can vary widely depending on the spouses’ circumstances. There are two types of spousal support in a divorce case: temporary and post-judgment. Temporary spousal support is ordered during the pendency of the divorce proceedings. The primary purpose of temporary spousal support is to maintain the status quo during the divorce process. Family courts typically determine the amount of temporary spousal support owed by using the XSpouse Calculator. Post-judgment spousal support is ordered after resolution of the divorce. The primary purpose is to maintain the marital standard of living until the payee spouse becomes self-supporting. Family courts determine the amount of post-judgment support owed by looking at several factors listed in Family Code section 4320.
Spousal support is not straightforward as many variables can impact the amount and duration of support one is to pay and one is to receive.
Deleted this stuff about new tax law because its explained in the blog below. Who is Most Likely to Receive Spousal Support?
Spousal support is commonly awarded to a spouse who earns significantly less than the other or who has limited earning potential at the time of the divorce. This often includes spouses who were stay-at-home parents, put their careers on hold to raise the children, or lack recent work experience.
California courts recognize that contributions made inside the home (raising children, managing the household, supporting a spouse’s career, etc.) have real economic value. Spousal support is intended to help the lower earning spouse bridge the financial gap while they gain education, job skills, or work experience needed to support themselves make that transition and get on their feet financially.
Spousal support is not automatic. It must be requested and either spouse may be ordered to pay or receive support, depending on the facts of the case.
Does Spousal Support Last Forever?
In the vast majority of cases, spousal support payments are typically temporary, not lifelong. The duration of the payments typically depends on the length of marriage.
If the length between your date of marriage and your date of separation was less than 10 years, family courts typically view this as a marriage of “short duration” and oftentimes order spousal support to last for about half the length of the marriage. For example, if you were married on January 1, 2020 and separated on January 1, 2024, for a total length of marriage of four years, spousal support may last for two years.
This guideline applies to post-judgment spousal support; however, the law is not entirely settled on whether the same limitation applies to temporary spousal support, but courts in practice often use the same general timeframe.
When a marriage lasts ten years or longer, it is considered a long-term marriage. In these cases, the court has broad discretion and may decline to set a specific termination date at the time post-judgment spousal support is ordered. The courts evaluate a range of factors outlined in Family Code section 4320 in determining the duration of the order.
Can Spousal Support Change or End?
Spousal support orders are often modifiable unless you specifically indicate in your settlement agreement that it is nonmodifiable. Spousal support may be modified if significant circumstances change, such as the receiving spouse becoming self-supporting, a significant increase or decrease in either party’s income, retirement, or the supported spouse is cohabitating with a new spouse. Spousal support also terminates by operation of law on the date the court or settlement agreement states it does, if the supported spouse remarries, or if the supporting or supported spouse passes away.
Spousal support is not intended to punish the supporting spouse or provide permanent financial support to the supported spouse. Rather, its primary purpose is to promote fair transition from married life.
Contact Cardwell Steigerwald Young LLP
Spousal support can be a complicated matter. If you are not sure where you stand, or how to handle your own spousal support issues moving forward, the San Francisco spousal support attorneys at Cardwell Steigerwald Young LLP can help. Our extensive experience with spousal support cases gives us the knowledge and expertise you need to navigate any circumstance with confidence. Contact our office today to learn more.
Source:
Family Code section 4320.
