Whether you expect to pay support or need it to get back on your feet, the rules can be confusing. California treats support during the case very differently from support after the divorce. Here is an overview.
Temporary vs. long-term spousal support
Temporary support is paid while the divorce or legal separation case is going on. Its purpose is to help keep things stable until the case ends. Many courts, including in Los Angeles County, use a computer formula as a starting point for temporary support.
Long-term support (sometimes called "permanent" support, even though it often is not) is ordered as part of the final judgment. A formula is not supposed to be used for long-term support. Instead, the judge must look at a list of factors set out in state law.
The factors a judge considers
California Family Code section 4320 lists the factors a court must consider when setting long-term support. They include:
- each spouse's earning ability, and whether it is enough to keep up the "marital standard of living," meaning the lifestyle during the marriage;
- whether one spouse gave up education or career opportunities to care for the home or children;
- how much one spouse helped the other get an education, training or career;
- the paying spouse's ability to pay;
- each spouse's needs, assets and debts;
- the length of the marriage;
- the age and health of both spouses;
- any documented history of domestic violence;
- tax consequences;
- the goal that the supported spouse become self-supporting within a reasonable time;
- any other factor the court finds is fair.
No single factor controls. The judge weighs them together, so two cases with similar incomes can end up with very different results.
Marriages of long duration
Under California law, a marriage of 10 years or more is generally considered a marriage of "long duration." This matters because, in a long marriage, the court usually keeps the power to order or change support with no set end date, unless the spouses agree otherwise.
This does not mean support lasts forever. It means the court can keep reviewing the case. For shorter marriages, support often lasts about half the length of the marriage, though the court has discretion.
The date of separation can affect whether a marriage reaches 10 years, so it can be an important issue to get right.
Changing or ending spousal support
Either spouse can ask the court to modify (change) support if there has been a material change in circumstances. Examples include a job loss, a significant raise, a serious illness or retirement. The change is generally effective only back to the date the request is filed, so it is important to act promptly.
Some orders cannot be changed. Spouses can agree in writing that support will not be modifiable, or that it ends on a certain date. These agreements need careful wording.
Unless the spouses agree otherwise in writing, support generally ends if either spouse dies or the supported spouse remarries. A supported spouse living with a new partner may also lead to a request to reduce support.
Related issues
Spousal support is often decided along with property and child support. Learn more about the divorce process and child support. A prenuptial or postnuptial agreement may also affect support, so bring yours if you have one. You can also browse our family law FAQs and family law overview.
Talk with a Whittier spousal support lawyer
Steven Ibarra personally handles every case, including the facts that matter for support. We offer same-day appointments in person or by video and are available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. Hablamos español.