Spousal support, also known as alimony, refers to the financial support that one spouse may be required to provide to the other spouse upon initiating a divorce or after a divorce is finalized.
Here are some key points to understand about spousal support in California:
1. Determining Factors: The court considers various factors when determining spousal support, including the length of the marriage, the income and earning capacity of each spouse, the standard of living during the marriage, the age and health of both parties, employment history and many other relevant factors pursuant to California Family Code 4320.
2. Length of the Marriage: The court considers the duration of the marriage, beginning from the date of marriage to the date of separation.
3. Income and Earning Capacity: The court examines the income and earning capacity of each spouse. This includes each spouse’s current income, potential future income, and ability to earn a living. The court also considers the marketable skills, job training, education, and employment opportunities available to each spouse.
4. Standard of Living: The court takes into account the standard of living established during the marriage. It aims to ensure that both spouses can maintain a similar lifestyle after the divorce. The court considers the marriage’s duration and the lifestyle enjoyed by the couple during that time.
5. Age and Health: The court considers the age and health of each spouse. Factors such as age-related limitations, disabilities, or chronic illnesses may impact a spouse’s ability to support themselves financially.
6. Assets and Debts: The court evaluates the assets and debts of each spouse. This includes property, investments, retirement accounts, and any other assets.
7. Contributions to the Marriage: The court considers the contributions made by each spouse to the marriage. This includes financial contributions, as well as non-financial contributions such as homemaking, child rearing, and support for the other spouse’s career or education. The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children.
8. Domestic Violence: In cases involving domestic violence, the court may consider the history of abuse when determining spousal support.
9. Other Factors: The court may also consider any other factors it deems relevant to the specific circumstances of the case. This includes factors such as the assets and debts of the parties and tax consequences of the support order.
Temporary vs. Permanent Support: Spousal support can be awarded on a temporary or permanent basis. Temporary support is typically provided pending the divorce proceeding to ensure both spouses maintain a similar standard of living that they were used to during marriage, so as to not displace them or materially alter their standard of living pending divorce. Permanent support is awarded towards the end of the divorce with a goal for the recipient party to become self-supporting with a goal to be less burdensome to the payor.
Duration of Support: The duration of spousal support can vary. In marriages of less than 10 years, the general rule is that spousal support will be awarded for a length of time equal to one-half the length of the marriage. For marriages of 10 years or more, spousal support may be awarded for a significantly long period, but it can be modified or terminated under certain circumstances.
Modification and Termination: Spousal support orders can be modified or terminated based on a significant change in circumstances. For example, if the recipient spouse remarries, spousal support terminates. If the recipient spouse cohabitates with a new partner, the court may reduce, modify or terminate the support order. Similarly, if the payor spouse experiences a significant decrease in income such as demotion, job loss, illness, retirement or encounters other financial hardships, they can request a modification of the support order.
Tax Implications: Prior to 2019, spousal support payments were tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, under the new tax law, for divorces finalized after December 31, 2018, spousal support payments are no longer tax-deductible for the paying spouse, and the receiving spouse no longer needs to report it as taxable income. This is only true for taxes filed at a federal level.
It is recommended to consult with a spousal support lawyer or seek legal advice to understand the specific requirements and process for applying for, modifying or terminating spousal support in California.
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