ALIMONY/SPOUSAL SUPPORT OVERVIEW
Alimony/Spousal Support
Alimony and spousal support are synonymous. Specifically, in CA, spousal support is the proper term used. The purpose of spousal support is to enable the lower-wage earner to maintain the same standard of living during the marriage.
Temporary versus Permanent:
The goal of temporary spousal support is to preserve the current status of the parties lifestyle pre-separation and before the divorce is finalized. There is a guideline support formula and ordinarily the most commonly used program is the DissoMaster. Just like many other issues in family law, support can be negotiated and agreed upon. If the court approves the stipulated agreement then it will be ordered during the pendency of the proceedings.
Whereas, permanent spousal support is determined after weighing several factors under the Family Code §4320. In general, those factors can include:
- Earning capacity to maintain standard of living including marketable skills, job market, education or training to develop skills, possible retraining or education to attain employment; and the extent the support party’s was impaired when devoting time to domestic duties during the marriage;
- Extent supporting party contributed to the supported party’s education, training, career position
or licenses; - Supporting party’s ability to pay spousal support (e.g., earning capacity, income, assets, standard of living).
- Each party’s needs based on the standard of living during marriage;
- Each party’s obligations and assets, including separate property;
- Duration of marriage;
- Ability of supported party to engage in gainful employment without unduly interfering with interests of dependent children;Ability of supported party to engage in gainful employment without unduly interfering with interests of dependent children;
- Age and health of both parties;
Domestic violence between the parties; - Tax consequences;
- Balance of hardships;
- The goal the supported party to become self-sufficient within a reasonable period of time;
- Criminal conviction of an abusive spouse;
- And any other factors the court determines to be just and equitable.
Modification:
Spousal support can be modified unless there is a written agreement not to modify. Modification is based on change in circumstances. Unless otherwise provided, spousal support automatically terminates upon the death of either spouse or remarriage of the support spouse. Cohabiting of the supported spouse with a new income earning partner may also raise a general presumption a reduction of support is necessary.