Posted in Divorce
Spousal support, also known as alimony, is a court-ordered payment that one spouse or domestic partner makes to the other to help cover living expenses after a separation or divorce. In California, when support is ordered between married spouses, it is called spousal support, while support between domestic partners is referred to as domestic partner support. If you’re sifting through this process, let our experienced Manhattan Beach, CA divorce lawyer can help smooth the process.
Here are some common questions about spousal support in California and what you need to know:
1. When Is Spousal Support Ordered?
A judge can order spousal support in cases involving divorce, legal separation, or domestic violence restraining orders. The purpose of support is to help the lower-earning spouse maintain financial stability.
2. What Are The Types Of Spousal Support?
There are two primary types of spousal support in California:
- Temporary Spousal Support: This is ordered during the divorce or separation process and is meant to help the lower-earning spouse manage expenses while the case is ongoing.
- Long-Term (or Permanent) Spousal Support: This is ordered once the divorce is finalized and is typically based on several factors, including the length of the marriage.
3. How Is Spousal Support Calculated?
Temporary spousal support is often determined using a formula, while long-term spousal support is based on factors such as:
- The length of the marriage
- Each spouse’s earning capacity
- The standard of living established during the marriage
- Age and health of both parties
- Contributions to the other spouse’s education or career
- The ability of the paying spouse to provide support
4. How Long Does Spousal Support Last?
The duration of spousal support depends on the length of the marriage:
- Short-term marriages (less than 10 years): Support typically lasts for half the length of the marriage.
- Long-term marriages (10 years or more): Support may continue indefinitely, subject to modifications or termination by the court.
5. Can Spousal Support Be Modified Or Terminated?
Yes, spousal support can be modified or terminated if there is a significant change in circumstances, such as:
- The recipient spouse becomes financially independent
- The paying spouse’s income decreases
- The recipient spouse remarries or enters into a domestic partnership
6. What Happens If My Ex-spouse Refuses To Pay?
If a court orders spousal support and the paying spouse fails to comply, legal enforcement actions can be taken, including:
- Wage garnishment
- Property liens
- Contempt of court charges
7. Is Spousal Support Taxable?
For divorces finalized after January 1, 2019, spousal support payments are not federally tax-deductible for the payer, and the recipient does not have to report them as taxable income on their federal return. Spousal support is still tax-deductible and taxable on the California state return. For divorces finalized before January 1, 2019, spousal support is tax-deductible and taxable on both the federal and state level.
8. Do I Need A Lawyer To Handle Spousal Support?
While it is possible to handle a spousal support request without a lawyer, legal guidance can be beneficial, especially for complex cases. Our experienced family lawyer like the ones at Skarin Law Group can help ensure that support orders are fair and properly enforced.
For more information, visit the California courts’ self-help page: Spousal Support in California.
