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The McKay Law Group, APC
Family Law Attorneys
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San Diego, CA 92037
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Alimony & Spousal Support
The term ‘spousal support’ is used by California courts to define what is typically considered alimony in most states.
In California, the courts cannot discriminate against a person due to gender. Thus, a husband is just as entitled to receive spousal support from his wife and she is from him.
Requesting temporary spousal support
At the beginning of a divorce action, in deciding whether or not to make a spousal support order, a judge will focus on a number of factors. The judge’s main concern is keeping the ‘status quo’ or keeping the family’s cash flow such that the marital standard of living is preserved, as much as can be, given that the family is now operating out of two households. If the party receiving spousal support will also be receiving child support, the amount of child support will impact the amount of spousal support ordered.
The following factors are relevant to the court in ordering spousal support:
² Disparity of income between the parties (H may make $100,000 annually and W makes $25,000 or W may make $30,000 annually and H is on disability, receiving $1,200 per month.)
² Arrangement between the parties during marriage. If one spouse has been a stay at home parent or did not work by agreement, the court will usually order spousal support for a time to allow the supported spouse to find work or obtain training.
² Poor health or other factors prevent a spouse from working A spouse with a disability or who is in poor health will usually receive support, with the court taking into account any amounts paid from disability insurance.
The nature of permanent spousal support
The term ‘permanent’ spousal support usually refers to the support that is to be paid after the divorce is granted, usually for some specified period of time, or the spousal support that it is ordered at the time the parties go to trial. It is usually not permanent “forever” except in extreme circumstances.
Generally, a marriage of less than five years is determined to be a ‘short term marriage’ with the supported spouse receiving support for approximately half the length of the marriage. A marriage of ten years or longer is considered ‘long term’ with the support obligation existing for half the length of the marriage or longer. However, marriages of seven or eight years duration can be considered long term, at the judge’s discretion. Any marriage lasting twenty years or more is also considered long term, but with special rules protecting the lower earning spouse.