Addressing Spousal Support
In California, spousal support, also referred to as alimony, is calculated differently depending on whether it is temporary (while the dissolution process is pending) or permanent (determined at either settlement or trial). Generally speaking, spousal support on a temporary basis is 40% of the higher earner's net income minus 50% of the lower earner's income. The 40% can vary by 5% depending on the specific formula that particular county has adopted. This temporary spousal support formula is calculated after child support, in situations where both child and spousal support is at issue.
I am attorney Chandra E. Miller. My experience allows me to work with you to address the issue of spousal support. Is spousal support going to be an issue in your divorce? How much spousal support are you entitled to? How long will you continue to receive spousal support? I will empower you by addressing these questions and more.
Factors Used to Determine Permanent Spousal Support
When determining permanent spousal support, guideline support calculations are not used. Instead, a court must consider the factors listed in Family Code Section 4320. These factors include the age, earning capacity and education of the parties, as well as the length of the marriage, tax consequences, history of domestic violence, the balance of hardships to each party and the marital standard of living.
The question of how long spousal support payments will continue is just as important as the question of the amount of support. In some cases, there may be temporary support orders that last only until the divorce is resolved. In others, support may continue for a significant amount of time. Support can end if the spouse receiving it is remarried, or it can end due to other factors.
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