When a marriage ends in California, the issue of spousal support or alimony often arises. Spousal support is a legal obligation imposed on one spouse to provide financial assistance to the other spouse after divorce or separation. The purpose of spousal support is to minimize any unfair economic effects of divorce and to help the recipient spouse maintain a standard of living similar to that which existed during the marriage. The court considers various factors to determine the type, amount, and duration of spousal support. 

It is essential to consult with a highly qualified family law attorney, such as those at Antonyan Miranda, to navigate the complexities of spousal support and ensure your rights and obligations are protected during divorce proceedings. Our experienced family law attorneys at Antonyan Miranda can help you maximize your spousal support recovery or minimize your spousal support obligation. The Antonyan Miranda Divorce Calculator™ can help provide you with an idea of what your support numbers might be, although speaking with one of our attorneys for more specific information about your case is recommended.

What are the Types of Spousal Support in California?

In California, there are two main types of spousal support:

TEMPORARY SPOUSAL SUPPORT:

This support is provided during the pendency of the divorce process and could be based on a calculation using state guidelines, which consider the income of both spouses.  Temporary spousal support is subject to modification based upon a significant change in circumstances of one or both of the parties.

PERMANENT SPOUSAL SUPPORT:

This support is awarded after the divorce is finalized with the entry of judgment and can continue for an extended period. The amount and duration of long-term spousal support are determined by various factors, including the income of the parties and the duration of the marriage.  Unless made nonmodifiable, permanent spousal support is subject to modification based upon a significant change in circumstances of one or both of the parties.

What Factors Are Considered in Determining Spousal Support in California?

California courts consider several factors when determining spousal support, including:

1. LENGTH OF THE MARRIAGE:

The duration of the marriage is an essential consideration. Longer marriages typically result in longer spousal support durations, particularly those marriages of greater than ten years in duration.

2. INCOME AND EARNING CAPACITY:

The court assesses the income and earning potential of each spouse, considering factors such as education, work experience, age, health, and marketability in the job market. Both income available for support and earning capacity are issues that are highly contested and often involve the services of forensic accountants and vocational assessors.

3. MARTIAL STANDARD OF LIVING:

The court attempts to maintain the status quo when considering temporary spousal support and the marital standard of living when permanent spousal support is considered. 

4. DOMESTIC ROLES:

Contributions made by each spouse during the marriage, such as homemaking, child-rearing, and support for the other spouse’s career, are factors that are considered when setting permanent spousal support.

5. ASSETS AND DEBTS:

The court considers the assets and debts of each spouse to determine the financial need for spousal support.

6. CHILD CUSTODY AND SUPPORT:

Child custody and support orders also factor into the determination of spousal support, as they impact the financial responsibilities and abilities of each spouse.

How Long Does Spousal Support Have to be Paid?

The duration of spousal support can vary depending on the circumstances.  In short-term marriages (in California, are defined as less than 10 years), the duration of support is often equal to half the length of the marriage, subject to modification for significant changes in circumstances. For long-term marriages, there is no set termination date, and spousal support may continue indefinitely, although it is subject to modification for significant changes in circumstances.  If a payor spouse dies or a payee spouse remarries, spousal support terminates.

What Are Significant Changes in Circumstances for Modifying Spousal Support?

The most common is a significant increase or decrease in the income of either spouse, loss of employment, retirement, or cohabitation of the supported spouse with a new mate. 

How Can an Attorney Help with Spousal Support in California?

Our family law attorneys at Antonyan Miranda specialize in dealing with divorce and spousal support. We can provide invaluable assistance throughout the process, including:

UNDERSTANDING YOUR RIGHTS:

Our attorneys will explain your rights and obligations regarding spousal support based on California laws. We will help you understand the factors that influence spousal support determinations and ensure that your rights are protected.

CALCULATING SPOUSAL SUPPORT:

Our attorneys have experience in calculating spousal support amounts based on the specific guidelines provided by California law. We will consider factors such as income, earning potential, assets, and debts to arrive at a fair and reasonable support amount.  If necessary, we will involve the services of our internal forensic accountancy department or other experts.

MODIFICATION OR TERMINATION OF SPOUSAL SUPPORT:

If circumstances change after a temporary or permanent spousal support order is made, our attorneys can help you seek a modification or termination. 

ENSURING COMPLIANCE:

Our attorneys will assist you with ensuring that the spousal support payments are made as required. If the paying spouse fails to fulfill their obligations, our attorneys can take appropriate legal action to enforce the order, such as bringing a contempt of court action.

Hiring one of the experienced family law attorneys at Antonyan Miranda will provide you with legal guidance, representation, and advocacy to navigate the complex landscape of spousal support in California. We will protect your rights, help you achieve a fair resolution, and ensure that your best interests are represented throughout the divorce process. At Antonyan Miranda, we aggressively advocate for your interests at trial, using all available legal tools and strategies to help secure all that is important to you: family, finances, and assets! Call us at 619-696-1100 to speak with one of our Concierge attorneys, or visit us at www.expertdivorcelaw.com for more information.