Does CA Recognize Alimony Or Spousal Support Awards In A Divorce Case? If So, Who Generally Is Required To Pay?

Alimony in CA is called spousal support. There are two kinds of spousal support: (1) temporary spousal support and (2) post-judgment spousal support. Typically, the spouse who has more income pays the spouse who has less.

How Is The Amount Of Spousal Support Or Alimony Determined?

Temporary spousal support applies while the divorce case is pending with the court. The spousal support amount is the product of a formula which is based on factors such as income, various deductions, and the like. Sometimes parties choose to deviate from this amount by agreement while the divorce is pending.

Post-judgment spousal support is spousal support that is paid after the divorce is final. It is either the product of negotiation between the parties or the product of a court’s decision following a trial. If a court is making the decision through a trial, the court will look at a number of factors, such as:

(a)   The extent to which each party is capable of earning enough money to maintain the standard of living enjoyed during the marriage

(b)   The extent to which the supported party contributed to the attainment of an education, training, career position, or license by the supporting party

(c)   The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment

(d)   The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties

(e)   The ability of the supporting party to pay spousal support

(f)   The needs of each party based on the standard of living established during the marriage

(g)   The assets and obligations of each party

(h)   The length of the marriage

(i)   The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party

(j)   The age and health of each party

(k)    Documented evidence of any history of domestic violence between the parties or perpetrated by a party against either party’s child

(l)   The immediate and specific tax consequences to each party

(m)   The balance of the hardships to each party

(n)    The public policy goal that the supported party shall be self-supporting within a reasonable period of time

(o)   Any other factors the court determines are just and equitable

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