Facing a divorce often means dealing with tough questions about living expenses and how each spouse will adjust financially once you go separate ways. In San Diego and throughout California, spousal maintenance, often called spousal support or alimony, can play a significant role in setting up your life after a marriage ends. Whether you expect to either receive or pay support, it’s crucial to know how California approaches these complex financial decisions
What is Spousal Maintenance
Spousal maintenance is a court-ordered payment from one spouse to the other to help maintain stability in their lives during and after divorce. It’s not a punishment and it’s not guaranteed. The goal is to make sure both spouses can adequately support themselves after divorce without too much struggle or disruption.
Temporary vs. Permanent (Post-Judgment) Support
There are two main kinds of alimony in California: temporary support and post-judgment (sometimes called permanent) support. Temporary support covers the period after someone files for divorce but before everything is finalized, meant to keep daily expenses and living conditions relatively stable.
Once the divorce is finalized, post-judgment (or longer-term) support looks at the whole picture – future living needs, anticipated career shifts, and steps both spouses can take to become more financially independent over time when making its decision.
How Courts Decide Support on Spousal Maintenance
When a judge decides how much spousal support one person should pay or receive in California, they evaluate 14 legally required “4320 factors.” Some of these factors are:
- Each party’s current income and ability to earn
- How long the couple had been together
- The standard of living both enjoyed during marriage
- Career sacrifices
- Homemaker periods
- Educational investment each person made
- Debts
- Health considerations
- Any credible, court-acknowledged history of domestic abuse
Judges also need to look at and consider military bonus structures, executive stock options, retirement account changes, family property shifts, or disability payments.
Who Qualifies For Spousal Maintenance?
Any spouse, regardless of gender, can request alimony. It’s common for stay at home parents to receive these payments during and after a divorce. This is usually because the income gap is large enough or job prospects for one spouse is much greater than for the other. Keep in mind that prenuptial agreements can limit how much spousal maintenance is given or whether support is awarded at all.
How Is the Amount and Length of Spousal Support Decided?
The monthly spousal support amount and how long payments last depends on your specific situation. If you and your spouse reach an agreement, you can present it for a judge’s approval. If not, the court will decide.
Duration Depends on Length of Marriage
One of the biggest factors in how long support lasts is how long you were married. In most cases, the longer your marriage lasts, the longer support is expected to continue. This is because it may reasonably take more time for a spouse to rebuild a career or financial stability after a longer shared life.
Short-Term Marriages (Under 10 Years)
For most marriages of less than ten years, judges commonly order spousal support to last about half the length of the marriage. For example, if you were married for six years, payments would typically be expected for around three years.
Long-Term Marriages (10 Years or More)
For marriages of ten years or longer, there’s no firm presumption or fixed end date in California law. The court can order support for as many years as the person reasonably needs help and as long as the paying spouse remains able to pay.
When Does Spousal Support End?
Several things can cause spousal support to end earlier than expected:
- Both parties can agree in writing (and receive court approval) specifying exactly when support will end
- A judge can set a clear stop date
- Support will automatically end if the lower-earning spouse remarries
- The agreement also ends if either spouse passes away
Understanding how support works can give you an idea of what to expect and what steps you need to take to make sure you get what you deserve. If you have any questions about receiving or paying maintenance support, our legal team can answer your questions at any time. Reach out to schedule a free case evaluation.