Beverly Hills Spousal Support Attorneys
Helping Clients Understand How Spousal Support Works in Sacramento County
Spousal support is one of the most contested issues in divorces and separations across California. For those receiving support, it can mean a brighter financial future and an easier transition to single life. For those paying, it often raises concerns about fairness and how long the payments will have to be made. Understanding how the California family court system determines whether spousal support will be paid, who will pay whom, and how much the support will be can help you know what to expect and how to include this in your overall case strategy.
Spousal support can significantly affect your finances after a divorce, both for those paying and receiving. When determining whether spousal support will be a part of your case and the amount of the award, it’s critical to understand your rights and what you’re entitled to under the law. At Baron Family Law, PC, we help clients going through divorces or separations find out whether they could be receiving or paying spousal support and how this could affect the larger settlement. Call our Sacramento office at 916-694-1164 to schedule a time to talk to an experienced spousal support attorney.
When Must You Pay Spousal Support in California?
Spousal support, sometimes called alimony, applies when a married couple divorces or goes through the process of a legal separation. While spousal support isn’t a factor in every divorce or separation, it’s something to be aware of before you start the process to ensure you understand how it may affect your finances.
When a court orders spousal support, one spouse must make payments to the supported spouse. These payments can be on an installment basis, such as monthly payments, or be a lump sum that’s provided as part of the divorce agreement.
Payments similar to spousal support can apply to domestic partnerships in California, but this type of financial support is called domestic partner support.
Either party can request spousal support as part of the divorce or separation case. If a prenuptial or postnuptial agreement was signed, it may already have provisions for how spousal support should be handled, which can make the process much faster.
How Is Spousal Support Determined in California?
The purpose of spousal support is to ensure that a spouse who was financially supported during the marriage has the financial means to maintain a standard of living that is reasonably close to what they had during the marriage. Spousal support can also provide interim financial support while the supported spouse is becoming financially independent, such as by pursuing higher education or obtaining appropriate employment.
How spousal support is calculated depends on the type of support being awarded.
Temporary Spousal Support
Temporary spousal support is generally ordered while the case is still pending. For example, a divorcing couple may already be living separately, which can make it difficult for the supported spouse to pay the bills and support themselves. The supported spouse can ask the court to order spousal support as soon as the family law case starts.
Judges generally use a guideline formula when determining spousal support on a temporary basis. This formula takes 40 percent of the higher-earning spouse’s income and subtracts 50 percent of the lower-earning spouse’s income. The result is the spousal support that the higher-earning spouse will pay the other.
The judge also has the authority to deviate from this formula as they see fit.
Long-Term Spousal Support
Long-term spousal support is also known as permanent spousal support, and determining spousal support awarded through these means requires a different process. There is no formula for long-term spousal support. Instead, the judge looks at a variety of factors. These can include:
- Length of the marriage
- Age and overall health of both parties
- Income and earning potential of both parties
- Standard of living the couple enjoyed while married
- Assets and debts of both parties
- Each spouse’s contribution to the other’s career or earning capacity
- History of domestic abuse
- Any child custody and child support orders
It’s also possible for the parties to agree on an amount for spousal support. This can speed up the legal process because the judge doesn’t have to go through the various factors or make a decision. As long as they believe the parties are agreeing willingly and with a full disclosure of the finances, the judge will make the agreement part of the final order.
How Long Do Spousal Support Payments Last?
How long spousal support lasts also depends on a few factors, including whether it’s temporary or long-term support. Temporary support generally lasts until the divorce or separation case has been finalized. At this point, the judge may order long-term spousal support payments that take the place of the temporary support. Or the temporary support may end with no further payments.
The length of long-term spousal support payments depends on how long it will take the supported spouse to be able to support themselves and how much money it will take.
The length of the marriage can also affect spousal support. If the marriage lasted less than 10 years, the general rule of thumb is that the support payments will be ordered for half the length of the marriage. So an eight-year marriage would result in four years of spousal support payments. If the marriage was longer than 10 years, there is no general assumption, and the judge can order spousal support as they see fit.
Spousal support ends when the court order specifies, but it can also end before that if the supported spouse remarries or if either spouse dies.
Is Spousal Support Modification an Option?
Even if spousal support is ordered to continue for a number of years or permanently, there are some situations where the support order can be modified.
Change in Circumstances
A change in circumstances that results in a significant difference in the financial status of one or both parties can warrant a modification of spousal support. This can include losing a job, being forced to take a significant reduction in pay, or experiencing a serious illness or disability that affects the person’s ability to work. The supported spouse reaching the point that they are self-supporting could also qualify as a change in circumstances and may result in the spousal support order being terminated.
Remarriage
Spousal support usually ends when the supported spouse remarries. However, the supported spouse cohabitating with another person, whether in a romantic relationship or not, could also result in a modification of the order. This is because it’s likely that the other person would be contributing financially toward the household’s bills and expenses, which could lessen the amount of support the supported spouse needs. If you are currently receiving spousal support, it’s critical to talk with an attorney before moving in with someone else to determine how this may affect your support payments and overall finances.
Failure to Make an Effort to Become Self-Supporting
The court expects the supported spouse to make a reasonable faith effort toward financial independence. If they fail to do so, such as by not looking for a job, the paying spouse has the option of requesting a modification to the spousal support order. An attorney can help you understand when this applies, what counts as a reasonable faith effort, and how a modification may be handled in this case.
Can Spousal Support Be Enforced?
When someone is ordered to pay spousal support, it’s common for the payments to be taken directly out of their paychecks. This is done through an earnings assignment order and is the same process through which someone would pay child support. If the paying spouse is self-employed, they will be required to make the payments directly to the receiving spouse.
Because spousal support is put in place as a court order, it can also be enforced. If the paying party misses a payment, it puts them in arrears. If this continues, the court can increase the amount of the payments so that the arrears balance is being paid down. Someone who willfully refuses to abide by a spousal support order can also be held in contempt of court, which can come with additional fines and even jail time.
In extreme cases, the courts can issue levies against the payor’s bank accounts, put liens against their personal property, and even seize assets, such as tax refunds. Unpaid spousal support also collects 10 percent interest per year, which can result in a quickly growing balance if someone gets significantly behind.
If you aren’t getting your payments as ordered, contact an attorney immediately to find out what your options are. If you are the person ordered to pay and you aren’t able to make your payments due to a change in circumstances, an attorney can help you file for a modification if warranted to avoid enforcement measures.
Get Help From a Spousal Support Lawyer
Spousal support is rarely straightforward, and the amount and duration of spousal support can affect your financial future for years to come. Working with an attorney can ensure that support orders are fair and based on the facts of each case.
The financial ramifications of spousal support can be significant, and working with an attorney can ensure that you understand your legal rights and obligations and help you work toward a fair outcome. Call Baron Family Law, PC, at 916-694-1164 to learn more about how spousal support works in California and what to expect from the legal process.