Alimony, which is known as spousal support in California, is a payment made from one spouse to the other to help support them either during or after the divorce. It is among the many issues that need to be settled during the divorce process. The others are equitable distribution of the marital estate, child custody, and child support. Together, these matters make up the crux of the divorce process. In this article, the Sacramento, CA, divorce lawyers at Wagner Family Law will thoroughly discuss the topic of alimony, types of alimony, and how alimony is calculated by the courts.
Types of Spousal Support in California
Essentially, there are two types of spousal support offered by the California courts. Those are temporary spousal support, which is provided while the divorce is still pending, and long-term spousal support which is paid after the marriage has been dissolved.
Judges may order one spouse to pay temporary spousal support while the divorce is still underway. Temporary alimony continues until the divorce is final. Judges will entertain requests to change or modify spousal support payments if there is a good enough reason to do so.
Long-term spousal support is often called rehabilitative alimony. Its purpose is to give the recipient time and resources to obtain whatever education, training, and work experience they may need to become self-supporting.
Long-term Spousal Support
If you and your spouse can agree on spousal support, it can become part of your official divorce decree without the matter being decided by a judge. However, alimony is often a contentious issue, and spouses may not agree on whether or not alimony should be paid and, if it should be paid, how much the recipient spouse should receive. In those cases, a judge would decide whether one spouse receives alimony payments, for how long, and how much they receive on a monthly basis.
When awarding long-term spousal support, judges will admonish the recipient that they should try to become self-supporting. That's why we use the term “rehabilitative alimony.” It is meant to rehabilitate the spouse who is receiving alimony payments.
Often, one spouse forgoes their education to dedicate themselves entirely to the marriage. When this happens, and the couple divorces, that spouse will ultimately need to provide for themselves.
In light of that goal, judges may include various provisions in their orders for spousal support. These orders are meant to set actionable goals for the recipient of alimony. For example:
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Vocational evaluations - A judge can order the recipient of spousal support to undergo an evaluation with a vocational trainer who will assess the recipient's ability to get the sort of job that will provide the same standard of living that the couple enjoyed during the marriage.
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Conditions that end spousal support - Judges may set certain conditions on long-term spousal support. These conditions can state that alimony will end when the recipient is no longer attending college, a vocational training program, or building their work experience.
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Alimony step-downs - A payment schedule can stipulate that the amount of alimony will decrease at specific times. The judge will consider evidence that the recipient spouse is expected to be earning more. It is a means of encouraging the recipient of alimony to meet specific vocational goals while they are receiving payments.
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Reservation of jurisdiction - Long-term alimony, despite its name, will end. However, a judge may reserve the authority to issue further orders over the matter in the future. Something unexpected could happen that temporarily derails a recipient spouse's ability to be self-supporting. Judges can thus make changes or extend the duration of alimony if appropriate.
Calculating Temporary Spousal Support
When determining how much alimony a recipient spouse should receive, the California courts base the figure on how much would be necessary to maintain the spouse's same standard of living that they enjoyed during the marriage. The idea behind temporary alimony is to maintain the status quo until the divorce is final.
The courts use a formula as a guideline to calculate alimony. The formula may vary from one county to the next. A popular formula used by many courts is 40% of the higher earner's net monthly income minus 50% of the lower earner's net monthly income. For example, if one spouse earns $5,000 a month and the higher-earning spouse earns $10,000 a month, the alimony amount would be 40% of $10,000 - 50% of $5,000 or $4,000 - $2,500 or $1,500 per month. Judges have broad discretion; however, when awarding alimony, they do not need to strictly use the formula when calculating spousal support.
Factors for Determining Long-Term Spousal Support
When it comes to long-term spousal support, there is no formula. Instead, judges determine spousal support based on a number of factors. These factors include:
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Each spouse's needs, based on the standard of living they enjoyed during the marriage
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Each spouse's ability to earn enough to maintain their standard of living. This takes into account their marketable skills, the job market for those skills, how much training the support spouse will need to develop those skills, and how much that spouse's earning capacity was reduced because of home and child care.
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The supporting spouse's ability to pay spousal support
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The ability of the supported spouse to become self-supporting without interfering with the interests of the children if the spouse has physical custody
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Each spouse's age and health
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How much the supported spouse contributed to the paying spouse's educational degree or professional license during the marriage
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Whether there's a documented history of domestic violence against either party or the children
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The tax consequences of spousal support
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The balance of hardships for each spouse
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Any other factors that the judge believes should be considered
Talk to a Sacramento, CA Divorce Lawyer Today
The Sacramento, CA, divorce attorneys at Wagner Family Law are here to help if you have any questions concerning alimony or spousal support. Call our office today to schedule an appointment, and we can begin discussing what information to gather to bolster your case for alimony payments.
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