Educating yourself on laws related to spousal support is beneficial if you are separated or going through a divorce. Knowing the reasons for support, how long it will last, and the amount of support you can expect can help you plan for the future.
To learn how these laws apply to your situation, contact an experienced Redlands alimony lawyer today.
California Alimony Laws
Spousal support, also known as alimony, is a court-ordered payment one spouse pays to help cover the other spouse’s monthly expenses. These payments may be available in a divorce or legal separation case. If the couple cannot agree, the judge decides the amount.
Types of Spousal Support
There are three main types of spousal support under California law.
Temporary spousal support
The spouse earning less income often has immediate financial needs while they are waiting for their divorce to be finalized. Temporary spousal support is a court order to pay a spouse monthly payments while a family law case proceeds.
Rehabilitative spousal support
A court may order rehabilitative spousal support as part of a divorce decree. This type of support typically continues for only a short period of time—long enough for the receiving spouse to transition to post-divorce life and become self-sufficient. For example, the court may order support that lasts long enough for the receiving spouse to complete a college degree.
Permanent spousal support
In some circumstances, the court may order an award of permanent or long-term spousal support. This support may last for a specified period of time or indefinitely.
How Is Alimony Calculated in California?
When the couple cannot agree to an amount of spousal support, the judge must calculate the alimony payments.
Guideline Formula
For temporary spousal support, the judge calculates alimony based on the needs of the receiving spouse and the paying spouse’s ability to pay. Judges often use a guideline formula. Your attorney can guide you through the formula and how it may apply in your case.
A judge can vary the amount based on your situation. A skilled attorney can argue that the court should raise or lower the amount calculated using the formula.
Factors Considered for Long-Term Spousal Support
Determining permanent support is a detailed process, taking into account many factors. These factors include things like:
- Each spouse’s earning capacity;
- Each spouse’s needs in light of the standard of living they enjoyed during the marriage;
- The paying spouse’s ability to pay;
- Whether the receiving spouse contributed to the paying spouse’s earning capacity during the marriage;
- The length of the marriage;
- The parties’ age and health; and
- Whether there is a history of domestic violence between the parties.
Your attorney can help you assess how the court might apply these factors in your individual case.
When Does Spousal Support End in California?
The court bases the duration of support on the amount of reasonable time it takes the spouse to become self-supporting. For marriages of less than 10 years, the law presumes the length of time is equal to one-half the length of the marriage. For example, if the marriage lasted six years, the presumption is that the support should last for three years.
For marriages lasting more than 10 years, support may last as long as the lesser-earning spouse needs the support. There are also defined points when support ends, such as:
- An agreement,
- A court order,
- The remarriage of the receiving spouse, and
- The death of either spouse.
Despite the presumptions outlined above, there is no specific time that spousal support must end. Parties can agree or a judge can order that support last for more or less time, depending on your individual circumstances.
Contact Gramling Law Group Today
At Gramling Law Group, we use our extensive experience for you. We will fight to resolve your alimony issue and give your case the attention it deserves.
Gramling Law Group offers transparency in pricing with flat fees, which are significantly lower than other fee structures. We can expedite your court needs and respond to your calls day or night. Our Redlands, CA spousal support and alimony attorney is ready to listen to your story. Contact us today for a free consultation.