Diamond Bar Alimony Attorney

What is Spousal Support/Alimony?

Spousal support, commonly referred to as alimony, is a financial arrangement where one spouse provides monetary support to the other during or after a divorce. In California, the purpose of spousal support is to ensure that the lesser-earning spouse can maintain a standard of living reasonably close to what was experienced during the marriage. This arrangement helps balance the financial disparity between spouses, particularly when one is significantly less financially stable than the other.

Spousal support can be categorized into two stages: temporary (or interim) support and permanent support. Temporary support is awarded during the divorce process to assist the lower-earning spouse with immediate financial needs. Permanent support, which is determined at the final judgment, addresses the long-term financial needs of the spouse who requires support.

Duration of Marriage and Spousal Support

In California, the length of the marriage plays a critical role in determining the duration of spousal support. Marriages are generally classified into two categories: long-term and short-term.

Long-Term Marriages: For marriages lasting ten years or more, spousal support obligations may continue indefinitely, typically until the receiving spouse remarries or either spouse passes away. This classification recognizes the significant investment and sacrifices made during lengthy marriages.

Short-Term Marriages: For marriages lasting less than ten years, spousal support is usually awarded for a period equal to half the length of the marriage. For instance, if a couple was married for eight years, the spousal support duration might be around four years.

Determining Spousal Support in California

Determining the amount and duration of spousal support in California involves several steps and considerations. Initially, the court uses a guideline formula to calculate temporary spousal support. This formula takes into account the incomes of both parties, ensuring a fair interim arrangement. Tools like the Dissomaster or Ex-Spouse software are commonly used for these calculations.

For permanent spousal support, the court moves beyond the formulaic approach and considers various factors outlined in California Family Code Section 4320. These factors include:

• The length of the marriage.
• The age and health of both parties.
• The earning capacity of each spouse.
• The standard of living established during the marriage.
• The contributions made by each spouse to the marriage, including homemaking and childcare.
• Any documented history of domestic violence.
• The immediate and specific financial needs of each party.
• The time needed for the supported spouse to acquire the necessary education or training to find employment.

This discretionary approach ensures that the final spousal support order is tailored to the unique circumstances of each case.

For more information on Family Law in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (909) 306-5985 today.