Spousal Support In California

What is Spousal Support?

Spousal support is sometimes called alimony. Spousal support may be awarded when there is a significant difference in the actual earnings of one spouse or the potential earnings of a spouse. Spousal support is money paid to one spouse, with less income or resources, by the higher-earning spouse.

Spousal support can be paid during the divorce process, temporary spousal support, and paid after the divorce, called permanent spousal support. The court will consider the needs of each spouse and several other factors when determining the amount and the length of support. Some factors include income, age, standard of living during the marriage, and ability to work.

You do not have to leave it to the courts to decide. You and your spouse can negotiate spousal support amount and even duration in a marital settlement agreement. Speak to a lawyer for help negotiate spousal support.

How Do I Request Spousal Support?

If you do not reach an agreement on spousal support, you can ask the court for a court order for temporary support or permanent support. The way the court determines temporary spousal support is different from determining permanent spousal support. The court can use a program with set equations to determine temporary spousal support. However, permanent spousal support is based on factors set out in the CA Family Code. Some factors include the needs of the spouses, ability to pay, length of the marriage, education level achieved or the needs for further education, and other balancing factors.

It is best to speak with a lawyer for help requesting a spousal support order from the court, whether permanent or temporary.