Spousal support, also known as alimony, is financial assistance one spouse may be required to provide to the other during or after a divorce or separation. The purpose is generally to help address financial disparities and maintain stability after separation or divorce.
Temporary Spousal Support
During the divorce or legal separation process, before everything is finalized, California courts may grant temporary spousal support. This support is designed specifically to help maintain the status quo and ensure both spouses have what they need to pay their immediate expenses while legal issues are sorted out.
The primary goal of temporary support is to provide stability and coverage for housing costs, bills, and basic financial responsibilities so neither spouse is unfairly disadvantaged as they navigate divorce proceedings.
How Temporary Support Is Calculated
The way temporary spousal support is set in California usually differs from the process for long-term support orders. To keep things simple, California courts generally use a formula to calculate temporary spousal support based on the incomes of both spouses.
The court looks at each person’s take-home pay, and then uses guidelines to figure out how much support the higher-earning spouse might reasonably pay. Taxes, existing child support orders, health insurance payments, and other already-deducted monthly expenses can also affect the final figure.
Long-Term or Permanent Spousal Support
After a divorce is legally finalized in California, the court may order what is commonly called long-term or “permanent” spousal support. Even though it has the word permanent in it, this type of support does not usually last forever.
It continues until an identified event happens, such as remarriage, a set date, or a change in either person’s circumstances. This type of support is generally awarded in longer marriages or where significant differences exist in the spouses’ earning abilities at the end of the marriage.
Factors Courts Consider When Determining Long-Term Spousal Support
Several common factors guide the judge in deciding the appropriate amount and duration of permanent spousal support. Courts spend time reviewing:
- The length of the marriage – longer marriages generally see longer or higher support.
- The standard of living enjoyed by both spouses while married.
- The future earning ability or career options of each person after the divorce is final.
- Personal characteristics such as age and health, evaluating whether sickness or age would make getting a new job more difficult for one party.
- The help that one spouse may have provided to their partner’s education or work opportunities.
- Any day-to-day childcare duties that affect whether the lower-earning spouse can take on new work right away.
There’s no set formula for long-term support, but these common factors are generally considered.
Rehabilitative Spousal Support
In many cases, California courts recognize that one spouse may have paused or left a career during marriage to care for the children or household. Rehabilitative spousal support exists to help that spouse start becoming self-supporting again once the divorce is complete. The main purpose is to provide financial support while the spouse prepares to return to work.
Judges most frequently order rehabilitative support when, during marriage, one spouse leaves the workforce. It is also common where one parent stayed home to take care of the children and therefore gave up their career or the possibility of getting an education.
Reimbursement Spousal Support
At times, a divorce court may order a unique support arrangement to pay back one spouse who helped pay for the other’s major training or professional schooling. This is called reimbursement spousal support. Rather than support for ongoing needs or for helping with lifestyle, the purpose is to reimburse a spouse for financial contributions they made toward the other spouse’s education, training, or career advancement.
The exact type of spousal support you get or will be required to pay and how long it lasts depend on many different factors. If you are in the middle of a divorce and want to make sure the outcome is fair, working with a lawyer is the best way to do this. Reach out to our team today to schedule your free consultation.