Many essential factors determine how much spousal support, or alimony, someone is awarded in a divorce. In California, it’s vital that both parties can continue to live a comfortable lifestyle within their means. That’s why courts have a fair amount of discretion when setting a spousal support amount that one party can receive. If the divorcing spouses cannot agree, both parties must obtain the help of a qualified attorney that can aid in settling disputes.
What to Know About Spousal Support
Spousal support laws are designed to alleviate any financial fears preventing individuals from terminating a marriage. Ending a relationship and filing for divorce is already challenging enough. But when one spouse is unable to support themselves adequately, and possibly their children, the state of California allows for spousal support to be awarded.Â
Spousal support can be for either party and not always awarded to the wife. The amount of support correlates directly to the need for it. Both parties must find a balance that allows them each to live much the same way they did during the marriage. So, if one spouse makes significantly more than the other, that individual will likely pay some amount of spousal support, so their former spouse does not have to suffer a significant drop in socioeconomic status. Additional information is available at the California Court’s website.Â
Calculating Spousal Support Payments
There is a calculator available for use when assessing child support payment amounts. However, calculating spousal support isn’t quite that simple. There are many factors to consider, such as the length of the marriage and each party’s ability to earn an income. A couple can agree on any amount, if they both consent to the final figure. When a couple can’t come to a mutual understanding, the process becomes complicated. California allows negotiations, through the court, on the amount of spousal support.
Generally, the court sets spousal support to last for half the duration of a marriage lasting under ten years. If the marriage lasted longer, the court does not set a specific timeframe for spousal support. The supporting spouse has the burden of proving that continued support would be unnecessary at some point in the future.
Frequently Asked Questions About Spousal Support
Is spousal support always awarded to the wife?
No. Spousal support can be awarded to either spouse in California, based on need and the ability of the other spouse to pay, not on gender.
How is the amount of spousal support calculated?
Unlike child support, there is no fixed calculator for long-term spousal support. Courts weigh factors like the length of the marriage and each spouse’s ability to earn income, and couples can also agree on an amount themselves.
How long does spousal support typically last?
For marriages under ten years, support generally lasts about half the length of the marriage. For longer marriages, courts typically don’t set a fixed end date, and the supporting spouse has the burden of showing support is no longer needed.
Can spouses agree on spousal support without going to court?
Yes. If both spouses agree on an amount, the court will generally recognize that agreement rather than requiring litigation over the issue.
Can spousal support be modified or terminated later?
Yes. The paying spouse can petition the court to modify or end support by showing that continued support is no longer necessary or that circumstances have changed.
The Inland Empire’s Family Law Experts
Ending a relationship can be fraught with problems, but it doesn’t have to be. Finding a compassionate family law attorney can help you through the process and protect your rights, children, and property.Â
We are experienced divorce lawyers in Riverside, CA, who know divorce cases inside and out and are willing to fight for you in court. You need a serious family law attorney who knows how to win a case and will go to bat for your specific interests. Contact Bratton & Razo today at (951) 684-9000 or use our online contact form to schedule your consultation.Â