Spousal support, or alimony, is a crucial aspect of many California divorces. At Legal Cali, we understand the complexity of determining spousal support and aim to clarify the process for our clients.
It provides financial assistance to a lower-earning spouse post-divorce. In California, calculations vary depending on whether it’s temporary or long-term support.
Temporary Spousal Support During divorce proceedings, courts may order temporary spousal support. Many California courts use the “40% rule” as a guideline: 40% of the higher-earning spouse’s net income minus 50% of the lower-earning spouse’s net income. However, judges can deviate from this based on specific circumstances.
For long-term spousal support, California law doesn’t provide a specific formula. Instead, Family Code 4320 outlines factors judges must consider, including:
- Each spouse’s earning capacity
- Supported spouse’s marketable skills and job market
- Impact of unemployment during marriage on supported spouse’s earning capacity
- Supported spouse’s contribution to other spouse’s education or career
- Supporting spouse’s ability to pay
- Each party’s needs based on marital standard of living
- Each party’s obligations and assets
- Marriage duration
- Age and health of both parties
- Any history of domestic violence
The court also considers the goal of the supported spouse becoming self-supporting within a reasonable period. For marriages under 10 years, support typically lasts half the marriage length. For longer marriages, the court has more discretion in determining duration.
Calculations are complex and vary based on individual circumstances. It’s essential to consult an experienced family law attorney for guidance.
At Legal Cali, we have extensive experience in spousal support cases. We understand California’s spousal support laws and can help navigate this complex aspect of divorce. Whether you’re the potential paying or receiving spouse, we ensure fair arrangements considering all relevant factors.
