Los Angeles Spousal Support Attorneys

Spousal Support

Spousal support, also known as alimony, is paid by one divorcing or separating spouse (or domestic partner) to another. Despite traditional ideas about alimony, either spouse may be ordered by a California court to pay support to the other. A court may order spousal support regardless of its decision on any child support. Spousal support may be awarded on a temporary basis during the divorce, to ease the financial transition of the lower-earning spouse. After a divorce is final, the court will consider whether to make the support permanent.

The State of California has established guidelines to determine whether and how much permanent spousal support should be paid, which take into account:

• Each spouse’s income.
• Each spouse’s marketable skills.
• The couple’s lifestyle during the marriage.
• The duration of the marriage.
• Special needs or financial hardship faced by a divorcing spouse.

In marriages that lasted 10 years or more, spousal support may be granted for a lifetime or until remarriage. In marriages of nine years or fewer, payments are typically required for half the length of the marriage. Like child support payments, spousal support payments may be changed to accommodate financial and personal changes in the life of either party.

Wallin & Klarich handles all types of California spousal support cases, including:

• Seeking temporary or permanent spousal support.
• Presenting a correct, complete and advantageous picture of your finances in court.
• Petitions to modify or terminate spousal support payments.
• Disputes over unpaid spousal support.

Spousal support is often a contentious and unpleasant part of dissolving a marriage. Wallin & Klarich has handed spousal support and other family law matters for more than 30 years. We know our clients are often in the middle of difficult transitions; that’s why we’re committed to providing timely, informative service for our clients. If we become your attorneys, we promise to work hard to get the best possible outcome for your spousal support case. And with 33 offices throughout the greater Los Angeles, San Diego and Inland Empire areas, we can be there for you, wherever you happen to be. To speak with an experienced Southern California spousal support attorney about your case, call us today at 1-888-749-7428 or fill out the online consultation form to the right.

At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Spousal Support Introduction California Family Code Section 4320

When a couple gets a divorce or legal separation, one spouse may be ordered to make regular spousal support payments to the other in accordance to either an agreement between the couple or an order issued by a family court judge. The purpose of awarding spousal support is to prevent any unfair economic imbalance by providing a continuing source of income for the economically dependant spouse (i.e., stay-at-home spouse).

Spousal support is not mandatory; instead, the court has a certain degree of discretion in granting or denying the award of spousal support. If the court decides to award spousal support, it can then determine the amount and duration of the award based on a number of deciding factors (Family Code Section 4320).

In determining the propriety of spousal support and its terms, the court will broadly consider the couple’s standard of living during the marriage, the ability of the individual spouses to pay, and their respective financial needs. To address all of these considerations, California law requires that the court consider a number of statutorily defined factors that include:

•    Earning capacity of the spouses,
•    The assets and debts of the spouses,
•    Duration of the marriage,
•    Age and health of the spouses, AND
•    A number of other factors that help the court make a determination.

The court considers these facts and equitable circumstances on a case-by-case basis, which means the weight that each factor carries varies depending on the particular circumstances of the case before the court. It is up to the court’s discretion to award spousal support that is “just and reasonable” under the circumstances (Family Code Section 4330(a)).

The terms of the spousal support payments that you receive in a divorce or legal separation are central when it comes to your ability to maintain your desired standard of living. It is essential that you get the best possible terms in your spousal support order because it is often very difficult to go back and modify the terms. To help you negotiate or litigate for the best possible terms, you need the knowledge and expertise of a skilled family law attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you with your spousal support matter. Call us today at 888-749-7428. We will be there for you when you call.

Spousal Support The Factors the Court Must Consider California Family Code Section 4320

Note: the “supported party” is the spouse receiving spousal support payments and the “supporting party” is the spouse making spousal support payments.

In determining the spousal support order, the court must consider all of the following circumstances:

1.    Ability of the spouses to maintain the marital standard of living in light of their earning capacity. To measure the extend to which the earning capacity is sufficient, the court must consider:

•    The marketable skills of the supported party, the market for those skills, and the education required to gain such skills;
•    The extent to which the supported party’s present or future earning capacity is impaired due to the domestic responsibilities of the marriage.

2.    The extent to which the supported spouse contributed to the other spouse’s education, training, or career placement that enhanced that other spouse’s earning capacity.

3.    The supporting spouse’s ability to pay spousal support taking into account:

•    The supporting spouse’s earning capacity,
•    Earned and unearned income,
•    Assets, AND
•    Standard of living.

4.    The needs of each party based on the standard of living established during the marriage.

5.    The assets and debts of each party.

6.    The duration of the marriage.

7.    The ability of the supported party to engage in gainful employment without negatively impacting the interests of any dependant children in his/her custody.

8.    The age and health of the parties.

9.    Any history of domestic violence between the parties, which includes any emotional distress resulting from the domestic violence.

10.    The immediate and specific tax consequences to each party.

11.    The potential hardships the parties may endure under the spousal support order.

12.    The goal that the supported party become self-supporting within a reasonable period of time. California law does not encourage spousal support payments to continue indefinitely.

13.    Any criminal conviction of an abusive spouse, which may weigh in deciding whether to reduce or eliminate any spousal support order.

14.    Any other factors that the court determines to be just and equitable.

Spousal Support Grounds for Denying and Terminating Spousal Support

Grounds for Denying Spousal Support

California law provides for certain grounds on which the court can outright deny the award of spousal support. While the court has the discretion to deny an award by weighing and considering the factors that are relevant in making the spousal support order, Family Code Section 4321 states that the court may also deny support to a party in circumstances where:

•    The party has sufficient separate property,

•    The party is earning his/her own livelihood,

•    The party has acquired sufficient community property or quasi-community from the separation, OR

•    The custody of the children from the relationship has been awarded to the other party who is supporting them.

Grounds for Terminating Spousal Support

California family law also provides specific grounds in which the court may terminate the obligation to pay spousal support:

•    Orders with Fixed-Terms: Spousal support orders that explicitly contain a fixed duration automatically terminate at the end of the specified period. Of course, the court can extend the duration of spousal support if it has retained the authority to modify spousal support from its most recent order (Family Code Section 4335).

•    Contingent Orders: The obligation to pay spousal support may terminate upon the occurrence of a specified contingency event (Family Code Section 4334(a)). A contingency is any event or condition that may or may not happen. Spousal support may terminate depending on the occurrence or non-occurrence of a contingency. For example, a contingent order may terminate spousal support if the supported spouse fails to obtain employment within a certain period of time. The spouse may or may not obtain employment in this time, but if he/she does not, spousal support terminates.

•    Remarriage or Death: Unless there is an agreement between the parties stating otherwise, spousal support obligations will terminate upon the death of either spouse or the remarriage of the supported spouse (Family Code Section 4337).

Spousal Support FAQ

1.    What is the difference between temporary spousal support and permanent spousal support?

A “temporary spousal support” order is granted on a temporary basis by the court to help the economically disadvantaged spouse maintain the marital standard of living while the divorce proceeding is pending. A “permanent spousal support” order is the financial assistance one spouse pays the other after the judgment of dissolution is entered.

2.    What does the court consider when deciding on a temporary spousal support order?

The court will normally consider each party’s respective needs and ability to pay when setting the amount of temporary spousal support. When setting the amount of temporary spousal support, the courts in Orange and Los Angeles County use a guideline that sets spousal support at 40% of the supporting spouse’s net monthly income, reduced by one-half of the supported spouse’s net monthly income.

3.    Does “alimony” mean the same thing as “spousal support?”

Yes. The two terms can be used interchangeably and refer to the same thing, but California law and the courts more often use the term “spousal support.” The term “alimony” is more commonly used in popular culture.

4.    If I get an annulment, can I still request spousal support?

No. An annulment is granted in situations where the state recognizes that a valid marriage never actually existed. Since no valid marriage has been recognized, there can be no award of spousal support.

5.    Does the fact that I have we have been married for over 10 years have any significant effect on spousal support?

Yes. The duration of a spousal support order generally depends on the length of the marriage. For marriages that have lasted for less than 10 years, the court will generally order spousal support for a period equal to half the length of the marriage.  However, for marriages lasting more than 10 years, the court may not set a date for the termination of spousal support. Instead, the court may order the parties to return to court at some time in the future to determine whether the spousal support obligation should continue.  California law does not condone protracted spousal support obligations, so it provides that the supported spouse is expected to become self-supporting within a reasonable period of time – even for marriages that have lasted for more than 10 years.