Alimony in California Divorce - Law Offices of James R. Dickinson

In California divorce, alimony (also referred to as spousal support) may be awarded to one spouse to provide financial support after the divorce. California courts have guidelines and factors to consider when determining whether alimony is appropriate and the amount of support to be awarded. Here’s a detailed breakdown of alimony in California:

1. Types of Spousal Support in California

Temporary Spousal Support: This type of support is ordered during the divorce process, before the final judgment. Its purpose is to provide financial assistance to the lower-earning spouse during the divorce. The amount is usually based on a guideline calculation, and support is typically paid until the final divorce order is made.
Permanent Spousal Support: Also known as long-term spousal support, this type is determined after the divorce has been finalized. Permanent support is more common in longer marriages (e.g., 10 years or more) or when the supported spouse is unable to become financially independent due to circumstances like age, health, or lack of job skills. However, the term “permanent” doesn’t mean it lasts forever; it can be modified based on changing circumstances.
Rehabilitative Spousal Support: This is awarded to help a spouse get back on their feet, such as by providing financial support while they gain education or work experience to become self-supporting. This type of support is often temporary and usually ends once the spouse has the means to support themselves.

2. Factors the Court Considers When Awarding Alimony

California law provides the court with a list of factors to consider when determining whether alimony should be awarded and, if so, how much and for how long. The court looks at the following factors:

The length of the marriage: The longer the marriage, the more likely alimony may be awarded. For marriages lasting over 10 years, the court may not set a termination date for spousal support, leaving it open-ended until further court orders.
The standard of living during the marriage: The court considers how the couple lived during the marriage and aims to ensure that both spouses can maintain a similar standard of living post-divorce, to the extent possible.
The financial needs and abilities of both spouses: The court looks at the recipient spouse’s financial needs and the paying spouse’s ability to pay, considering income, assets, and earning capacity.
The supporting spouse’s ability to pay: The court will assess the income and expenses of the paying spouse to determine if they can afford to pay support.
The recipient spouse’s marketable skills and employability: The court considers whether the recipient spouse can work and support themselves, taking into account their education, experience, and job opportunities.
The recipient spouse’s time to become self-supporting: If the supported spouse needs time to get education or training, the court may order temporary support while they gain the necessary skills.
The age and health of both spouses: Older spouses or those with health issues that impair their ability to work may receive support for a longer duration or in larger amounts.
Any history of domestic violence: If there is evidence of domestic violence, the court may take that into account when awarding alimony. The court may also consider how the abuse may have affected the supported spouse’s ability to support themselves.
Tax implications: Alimony payments are tax-deductible for the paying spouse and are considered taxable income for the recipient spouse. This tax consideration may impact the amount awarded.

3. How Alimony Is Calculated

There is no automatic formula for calculating permanent spousal support in California; however, there are guideline formulas for temporary support. For temporary support, California courts often use a guideline calculation based on the income of both spouses. Various counties in California may have their own formulas for temporary support, but a common method is:

Temporary Spousal Support Formula: A guideline commonly used is that the paying spouse pays 40% of their net monthly income minus 50% of the receiving spouse’s net monthly income.

For permanent spousal support, the court generally has more discretion to set the amount and duration based on the factors mentioned above, and it may not rely on a specific formula.

4. Duration of Spousal Support

Short-Term Marriages: For marriages lasting less than 10 years, spousal support is typically awarded for a shorter period, generally for half the length of the marriage. For example, if the couple was married for 4 years, spousal support might be awarded for up to 2 years.
Long-Term Marriages: For marriages lasting 10 years or more, spousal support is often indefinite, or “open-ended.” The duration is not set in advance, and it can continue until either spouse remarries, the supported spouse becomes self-supporting, or the court decides to modify or terminate the support.

5. Modification and Termination of Spousal Support

Spousal support orders can be modified or terminated if there is a change in circumstances, such as:

The paying spouse’s income increases or decreases significantly.
The supported spouse becomes self-supporting or no longer needs support.
The recipient remarries or enters into a long-term relationship.
The supported spouse cohabits with someone (living together as a couple).

To modify or terminate spousal support, the spouse requesting the change must file a request with the court. The court will review the circumstances and decide whether to modify or end the support.

6. Spousal Support After Remarriage

Remarriage of the Supported Spouse: If the spouse receiving support remarries, the paying spouse may be able to seek termination of spousal support. However, remarriage does not automatically terminate support; the paying spouse must file a request with the court.
Cohabitation: If the supported spouse is living with a new partner, the paying spouse may also seek to reduce or terminate support by showing that the recipient’s living situation has improved.

7. Spousal Support and Tax Implications

Before 2019: Under the Tax Cuts and Jobs Act of 2017, alimony payments were deductible by the paying spouse and taxable to the recipient spouse. This tax treatment applied to all divorce agreements signed before January 1, 2019.
After 2019: For divorce agreements signed on or after January 1, 2019, alimony is no longer deductible by the paying spouse, and the recipient does not have to report the support as taxable income. This change can impact negotiations, as the tax consequences for both parties are different.

8. Enforcement of Spousal Support Orders

If the paying spouse refuses to pay alimony, the supported spouse can seek enforcement through the court, which may issue a wage garnishment or other enforcement measures. The court may also impose fines or jail time for non-payment.
The Department of Child Support Services (DCSS) can sometimes assist in the enforcement of spousal support orders, even if child support is not part of the case.

Conclusion

Spousal support (alimony) in California is awarded based on a variety of factors, including the length of the marriage, the financial situation of both spouses, and their respective abilities to support themselves. Temporary support may be calculated using a guideline formula, while permanent support is determined by the court based on its discretion and consideration of several factors. The amount and duration of spousal support can change if there is a significant change in circumstances, such as remarriage or improved financial conditions. If you are going through a divorce, it’s important to understand how spousal support works and consider seeking legal advice to ensure a fair resolution.