Spousal support in California, also known as alimony or spousal maintenance, is governed by state law. Spousal support refers to the financial assistance one spouse may be required to provide to the other spouse after a divorce or legal separation. The purpose of spousal support is to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage or to provide support while they work towards becoming self-supporting.
Here are some key points about spousal support in California:
Types of Spousal Support: There are two types of spousal support in California: temporary and permanent. Temporary support is awarded during the divorce or legal separation process and ends when a final spousal support order is issued. Permanent support may be awarded after the divorce is finalized, but the length of support may vary depending on the circumstances.
Factors Considered: California courts consider several factors when determining spousal support, including:
The length of the marriage or domestic partnership
Each spouse’s earning capacity and potential for gainful employment
The age and health of both spouses
The standard of living during the marriage
Contributions made by each spouse to the marriage, including as a homemaker or caregiver
Any history of domestic violence
Duration of Spousal Support: The duration of spousal support depends on the length of the marriage. For marriages or domestic partnerships of less than 10 years, the general rule is that the support will last for half the length of the marriage. However, for marriages or domestic partnerships lasting 10 years or more, the court may not set a definite end date for spousal support, and it may continue indefinitely until death of either party, remarriage of payee, or further order of the court.
Modification and Termination: Spousal support orders may be modified or terminated if there is a significant change in circumstances, such as a change in income or employment status.
Tax Treatment: Before 2019, spousal support payments were generally tax-deductible for the paying spouse and taxable as income for the recipient spouse. However, the tax treatment changed starting in 2019, and spousal support payments are no longer deductible for the payer and are not taxable for the recipient, as per the Tax Cuts and Jobs Act.
Call us today for a free consultation, during which we will provide you with an overview of the law in California and offer solutions to your unique family law matter.
It is important to note that permanent spousal support, unlike child support, is not a guideline drive. Meaning the court may not simply use a computer program to determine the amount of permanent support. Judicial officers have great discretion when it comes to spousal support orders.
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