Spousal support (alimony) is the money that a court
may order one spouse to pay to the other following a separation or divorce. This is designed to ensure that each person
has adequate income to survive after the divorce and to acknowledge that the
spouses have helped each other in their education and careers throughout the
marriage. Spousal support is also designed to help both partners make a smooth
transition from being married into the single life.
When ordering spousal support the court takes into consideration a number of
factors including:
- The duration of the marriage;
- Age and health of both partners;
- Whether there are minor children at home;
- Their capacity to earn income or learn a new
skill;
- The expenses that will be required to
maintain the same standard of living as when they were married.
California Family Law Code outlines numerous
considerations to be weighed when determining spousal support. An experienced
California divorce attorney can help to clarify these issues and review your
options. You can ask for spousal or partner support to be paid while your case is going
on. This is called a "temporary spousal support order" or a "temporary partner
support order." Many counties have formulas for calculating the amount of a
temporary spousal or partner support order.
Check
your court's local rules for the temporary support guideline. Spousal support is usually established for a fixed period of time because the
courts and judges are reluctant to make life time rulings for the payment of
spousal support because it is seen as a transitional allowance and not permanent
support. One rule of thumb that is applied in many cases is to allow for the
payment of spousal support for a period equal to about half of the time that a
couple was married. Spousal support only ends after the period of time that has
been determined by the court has elapsed or when one of the spouses dies. It can
also end when the person receiving the support gets married again. Either party can reapply to the court to have the terms of the spousal support
order changed if their personal situation changes. If the paying spouse gets
seriously ill or loses their job then they may make application to the court. If
on the other hand the receiving spouse needs additional support for a variety of
circumstances then they too can ask for a change in the spousal support order. Spousal support payments are usually tax deductible for the person paying
support, and are usually considered taxable income for the person receiving the
support payments. If there is any dispute or disagreement about support payments or if the person
paying support payments fails to do so fully or within the time period
specified, the court will assist the person entitled to receive the payments to
collect any support owed. A judge will issue a court order demanding payment on
their behalf and can order that the delinquent spouse’s assets be seized or
their wages attached in order to satisfy these debts. Spousal support is an area of domestic law where both parties can benefit from
the wisdom and guidance of an experienced California divorce lawyer. This can
help to ensure a fair settlement that is in the best interests of everyone
involved. If you have any questions about spousal support in the state of California,
please contact our attorneys today. Please contact us online or call us at
1-800-221-9847.
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