Divorce can be a challenging and emotionally-trying experience that leads to several life-altering decisions. Spouses who seek to leave a marriage are often ordered to support one another financially after divorce is finalized. When resolving the issue of spousal support, it’s important to work with a spousal support lawyer who can protect your interests and secure the support you need or ensure the fairness of your court-ordered payments.
At Bratton & Razo, our Riverside family law attorneys understand that spousal support or alimony is a court-ordered payment that one spouse makes to another after a divorce or separation. Generally, the higher-earning spouse must pay the lower-earning spouse alimony for a fixed period or on a more permanent basis depending upon the circumstances. Our experienced team can help you navigate the two primary types of alimony arrangements available in California.
Types of Alimony or Spousal Support Available in California
Temporary Spousal Support
Temporary spousal support is the only type of spousal support provided to a spouse before a divorce in Riverside is finalized. This type of support may include payment for expenses and more until the court decides an appropriate plan for post-divorce spousal support. The court may also award temporary spousal support to separated spouses pursuing legal separation.
Permanent Spousal Support
When people think about alimony, they usually envision permanent spousal support. After divorce, the court may order one spouse to pay the other spouse permanent support on a recurring basis until a further court order or until the receiving spouse remarries or cohabitates with a new partner.
How Courts Decide Spousal Support Amount and Duration
Many factors can affect whether an ex-spouse will continue to receive spousal support after a certain time frame, and if so, how much spousal support. According to the California Courts, the duration and amount of support depend on multiple factors including the length of marriage and each spouse’s financial situation. Among the key considerations are:
- Remarriage: if the receiving spouse remarries, support terminates. Cohabitation can be used to modify or eliminate support payments.
- Income changes: if the paying spouse’s income decreases, he or she may seek a modification of spousal support. On the flip side, if the paying spouse gets a raise, it may not lead to larger support payments.
- Recipient’s income increase: if the receiving spouse’s income increases significantly, proof of such can be used to reduce spousal support.
- Vocational assessment: the court may order a vocational assessment for a receiving spouse who intentionally avoids working, which can lead to reduced spousal support payments.
- Documented abuse: a documented spousal abuse history can affect spousal support payments.
Spousal support is supposed to allow the receiving ex-spouse to become self-supporting and generally should not be a lifelong arrangement, although there are special circumstances that may call for permanent support. If you seek to resolve issues of spousal support, you should know that the length of support payments will usually be one-half the length of a marriage, except in marriages that lasted ten or more years.
Spousal Support Modification: Are You Paying Too Much?
Many people who make spousal support payments feel that they are paying too much. If you believe that you may be paying excessive spousal support, you can work with our Riverside family lawyers to review your payments and ask for a modification. Understanding how child support and property division interact with alimony payments is also crucial for ensuring fair financial arrangements.
Frequently Asked Questions
How long does spousal support last in California?
Duration is closely tied to the length of the marriage. For marriages under ten years, support is commonly measured at about half the length of the marriage. For marriages of ten years or more, the court may not set an end date and can keep authority over support. Every case is different, and a judge weighs the facts of yours.
How do courts determine the amount of spousal support in Riverside?
Judges consider several factors under California Family Code section 4320. These include the length of the marriage, each spouse’s earning ability and financial needs, the standard of living during the marriage, and how long it may take the receiving spouse to become self-supporting. Courts do not use a single formula for long-term support, so the outcome depends on the facts. Our attorneys at Bratton & Razo can review your finances and explain what may apply.
What is the difference between temporary and permanent spousal support?
Temporary spousal support is paid while the case is pending and helps a spouse continue living at the level they experienced before separation. Long-term support, often called permanent support, is set in the final judgment. Despite the name, it can be limited in time and may be modified or ended under certain circumstances.
Can spousal support be changed or ended?
Often, yes. Support generally ends if the receiving spouse remarries, and a significant change in either spouse’s income or circumstances may allow a request for modification. Cohabitation can also be raised. Whether a change is available depends on the terms of your existing order.
Who pays spousal support in California?
Spousal support is not tied to gender. A court may order the spouse with the greater ability to pay to support the spouse with the greater financial need, and not every case ends with a support order. In Riverside, our attorneys work with people seeking support and with people concerned they may be paying too much.
Can I request spousal support during a legal separation?
Yes. Spousal support is one of the issues that can be decided in a legal separation, and the court may award temporary support to separated spouses. Our Riverside team at Bratton & Razo can help you understand how support, custody, and property issues fit together in your case.
Talk to a Riverside Spousal Support Lawyer at Bratton & Razo
It is not uncommon for spouses receiving spousal support to feel that they may not be receiving all that they deserve. Our experienced family law attorneys can investigate the financial situation of your ex-spouse to determine whether or not you may be awarded an increased spousal support payment. You deserve just representation from experienced attorneys who understand the complexities of California family law.
Bratton & Razo has been exclusively practicing family law in Riverside and San Bernardino County since 1989, bringing over 85 years of combined experience to every case. Our boutique firm provides personalized attention and transparent communication throughout your spousal support matter. Contact us for a consultation for more information.