Divorce can lead to substantial changes in the financial situation for each spouse. One of the critical questions that emerges frequently during California divorces is the matter of spousal support, commonly known as alimony. Contrary to popular belief, spousal support does not necessarily stay constant indefinitely and may vary depending on income, employment, or retirement status in a lot of Sacramento divorce proceedings. 

Knowing how to alter spousal support obligations under California law can prove helpful when protecting your financial status.

What is Spousal Support in California?

Spousal support can be understood as financial assistance paid by one spouse to the other under a court order between divorcing spouses. California courts order spousal support to ensure that the financially weaker partner can sustain themselves independently.

There are two kinds of spousal support in California:

• Temporary spousal support

• Permanent spousal support

Temporary spousal support is ordered when the divorce proceedings are still ongoing. Permanent spousal support is established when the court delivers its final verdict after the divorce process. 

Support orders for most Sacramento families become more dynamic with changing life circumstances. 

Why Would Spousal Support Orders Change?

Spousal support is not usually constant. Courts in California are aware that circumstances can change greatly following a divorce. Therefore, spousal support agreements are generally created to be flexible. 

There are various reasons why a person would want to modify their support payments. These include:

• Changes in income - If there is a significant change in one party's income level, the court can consider revising the support agreement. Such circumstances would include losing a job, getting a promotion, changing careers, or cutting back on your work hours. In Sacramento, where there are salary changes in government, health care, and technology, income changes have been known to lead to support revisions.

• The recipient becomes self-supporting - California generally expects those on spousal support to try to become financially independent. This occurs more often in cases involving shorter marriages. The level of spousal support starts decreasing as the recipient acquires more education, employment, or training. 

• Retirement - Retirement can impact spousal support payments. If the paying spouse retires in good faith and their income is reduced, the judge can lower or even eliminate spousal support payments.

• Cohabitation - If a spouse receiving financial support starts living with a new partner, the other party can ask for a change in spousal support. In California, there is a presumption that the recipient spouse's financial obligations have been reduced by cohabitation costs. However, cohabitation would not necessarily stop alimony payments altogether. 

• Health issues or disability - Disabilities or medical conditions can also justify a modification of support payments. A serious injury, illness, or disability might significantly change a spouse's financial position.

How Do California Courts Decide Spousal Support?

California judges look at numerous issues when deciding on whether to modify the support order upwards, downwards, or terminate it altogether.

Among the major issues considered are:

• Marriage duration

• Each party's earning capacity

• Standard of living before divorce

• Physical and psychological condition of both parties

• Contribution made toward the other partner's career/education

• Capacity of the supporting party to pay support

• Needs and expenses of both parties

In Sacramento County, judges possess significant discretion while dealing with such matters. Every case is different, making expert representation essential.

Step-Down Spousal Support Orders

In some cases, judges will put into place “step-down” spousal support orders. This is an order where the amount of spousal support provided declines over certain periods of time in accordance with an automatic decline. 

For instance:

• $4,000 per month for two years

• $3,000 per month for another two years

• $2,000 per month after that

A step-down order is used when it is expected that the spouse will become more self-reliant over time.

Can Spousal Support Be Modified?

Yes. Under California law, most spousal support orders can be modified unless there is an agreement in place preventing modification. 

For an adjustment of support payments to be made, the person seeking modification typically needs to prove there has been a “material change in circumstances.” These can include:

• Layoffs

• Promotion leading to higher pay

• Retirement

• Medical emergencies

• Higher costs of living

• Change in custody plans

A family lawyer in Sacramento will be able to evaluate whether or not you have cause for a support modification.

What Happens if I Stop Paying Spousal Support?

Not paying spousal support can have significant legal ramifications. California courts can enforce orders by:

• Garnishing wages

• Levying bank accounts

• Putting liens on property

• Contempt charges

• License suspension

Interest can also be added to unpaid spousal support, compounding the burden financially. When an individual is unable to afford the spousal support payments, a modification should be requested from the court.

Does Spousal Support End Automatically?

In some cases, yes. There are certain circumstances that might lead to the automatic cessation of any financial obligation in the State of California. Some events include:

• Death of either the payer or the recipient

• Marriage of the recipient again

• End of the period specified for the provision of financial support

Due to the complexity of California's termination laws, it is advisable to consult the court order before stopping payments.

Long-Term Marriages and Ongoing Support

The State of California refers to marriages lasting ten years or more as “long-term” marriages. This means that the Sacramento courts could maintain perpetual jurisdiction over spousal support. 

It does not imply that spousal support goes on indefinitely, but it does mean that the court retains the power to review the spousal support agreement and make changes to it. 

Examples of long-duration marriages include instances where there is:

• Planning for retirement

• Medical problems

• Low income potential

• Fixed incomes

Talk to a Sacramento, CA, Family Law Attorney Today

Wagner Family Law represents the interests of Sacramento residents who are going through divorce or need to make changes to a divorce decree. Call our office today to schedule an appointment, and we can begin reviewing your case right away.