Spousal Support

What is Spousal Support?

Formerly known as Alimony, Spousal Support in California is typically divided into temporary, or pendente lit (pending litigation) spousal support, and permanent or long-term spousal support. Temporary support may be, and is typically awarded while the divorce is pending, and is calculated using a guideline formula according the parties respective net incomes. Again, Dissomaster® is used for the calculations of this guideline amount, and it is important that your attorney knows this program inside and out.

Long term spousal support, on the other hand, is to be analyzed by the court according to statutory factors, such as the length of marriage, a party’s devotion of time to domestic duties, and domestic violence.

How long does spousal support last?

It depends. First, the parties can agree to a certain amount and duration, or they can agree to waive spousal support in exchange for other assets. The court can order ongoing spousal support, but there are statutory presumptions that an ex-spouse should become self-supporting in half the length of the marriage, except in a marriage of long duration. A marriage of long duration is presumptively one lasting more than 10 years, and will result in an ongoing order of support, or at least a reservation of jurisdiction to award support in the future.

Can Long-Term Spousal Support be modified?

Yes, upon a showing of a change of circumstances (such as an increase in the income of the payor spouse or the decrease in the income of the payee spouse). However, there are exceptions. For example, if the only change of circumstances is the increase of income of the payor spouse, than the payee spouse must prove that the original order of spousal support was insufficient to meet his or her needs at that time. Also, if the “change” is the loss of child support due a child of the parties reaching the age of majority, this is not considered a “change of circumstances” because a child reaching the age of majority is not an unexpected occurrence. Finally, the law imposes a duty on all persons who receive spousal support to make reasonable efforts to become self sufficient. An ex-spouse’s failure to fulfill the obligations of this “Gavron Warning” may be a reason to seek a reduction or termination of long-term support.