How Spousal Support (Alimony) is Decided in California

The whole process of separating from a spouse or partner could be long and grueling. In fact, there are a few factors you need to consider when going through a separation. One of these factors is deciding whether you have to pay spousal support. Additionally, you have to take into account how the law might be different from where you reside. For instance, paying alimony in California is going to differ from paying alimony in another US state.

Spousal support law in California

Spousal support or alimony is the payment ordered by the court to be given to the partner who needs the financial help while divorce proceedings are ongoing. In some instances, it may continue even after the divorce is finalized.

California specifically provides alimony for spouses (married persons) and for domestic partners. The state also has two types of spousal support: temporary and long-term.

Settlement agreements decided by the couple

Before a request for alimony is submitted to the court, the couple has the option to decide how they want the arrangement to occur. This means that they can privately settle who will pay the spousal support and who will receive it. They may also be the ones to determine how much it’s going to be and how long the payments will last.

The couple, as well as their legal representatives, will try to resolve all these items without needing a judge to preside over their case.

Alimony decided by a judge

If the couple has not privately settled their alimony, they may put a request for the court or the judge to decide an agreement for them. In California, either spouse–regardless of gender–may submit a request for spousal support. The judge will then order the spouse, who has more earnings, to pay the other. They will also determine the amount needed for the recipient to still have the lifestyle they had before the separation. If this isn’t possible, they will settle for the amount that is close enough to maintain their old lifestyle, at least until the divorce is finalized. However, the judge may decide to award long-term alimony for some circumstances.

Temporary vs. long-term spousal support

The state of California does not have a set rule for how long alimony should last. The judge’s decision will be based on a reasonable timeframe needed for the recipient to be able to support themselves. Hence, why in some cases they award long-term spousal support.

For temporary alimony, however, California has a formula they try to adhere to when determining its amount. Their guidelines (which may vary) state that the payor’s support is presumptively 40% of their net monthly wage. This will then be divided in half based on the recipient’s net monthly wage. If there’s child support that has to be taken into account, the alimony is calculated after it.

Factors that determine long-term alimony

A long-term alimony is awarded by the judge only after considering these factors:

The recipient’s ability to secure work
The separate needs of both spouses
The payor’s ability to provide alimony
The health and age of both spouses
The assets and debts of both spouses
How long did the union last
Whether the recipient contributed to the other’s educational background
Whether there were documented instances of domestic abuse towards the spouse and the children

The judge may also look into other factors that they may consider as fair.