How to Calculate Spousal Support: Key Factors and Considerations
If you are going through a divorce in California and earn much more than your spouse, you may have to pay alimony, known as spousal support under state law. Spousal support is intended to provide financial assistance for a spouse who needs it during the divorce process as well as after the divorce is finalized.
There are two types of spousal support in California. A spouse can request long-term spousal support (rehabilitative alimony) as part of the divorce process. Under Cal. Fam. Code § 3600, the court can also order temporary support during the divorce process to help a spouse with living expenses. Temporary alimony generally continues until the divorce is final, but the judge may grant a request to change or modify it for a good reason.
Factors That Determine Alimony
Courts consider several reasons when deciding whether support is appropriate and how much should be paid:
Disparity in income. If one spouse earns significantly more than the other, support may be ordered to maintain fairness.
Standard of living during marriage. Judges look at the lifestyle the couple enjoyed together and try to ensure neither spouse suffers a drastic financial drop immediately after divorce.
Length of the marriage. Longer marriages typically result in longer support durations, while short-term marriages often lead to shorter periods of support or maybe even no support at all.
Contributions to the marriage. A spouse who sacrificed a career, education, or earning potential to support the other’s career, raise children, or manage the household may be entitled to support.
Age and health of each spouse. Courts consider whether a spouse is physically able to work or has health issues limiting earning potential.
Ability to become self-supporting. If one spouse needs time to gain education, training, or work experience, support can bridge the gap.
Keep in mind that California laws on spousal support are gender neutral. While the woman was primarily the one to receive spousal support in the past, that is no longer the case. Either spouse may request support, and the other spouse may be ordered to pay it, regardless of gender.
How is Spousal Support Initially Calculated in California?
During divorce proceedings, California courts often use a temporary formula to quickly determine support. A common guideline is 40% of the higher-earning spouse’s net income minus 50% of the lower-earning spouse’s net income, after considering child support. This formula ensures fairness while the case is ongoing, but it is not used for long-term orders.
Long-term (or permanent) alimony is not calculated using a set formula like temporary spousal support. Judges have discretion to adjust the amount based on unique circumstances, such as special expenses, unusual income sources, or significant lifestyle differences. They will also rely on the list of factors listed above to determine a set amount. Judges use discretion and balance these factors on a case-by-case basis. So the support amount could range from hundreds of dollars to tens of thousands of dollars a month based on the factors listed above. The court’s goal is to ensure fairness based on the couple’s circumstances, not just income differences.
So you might wonder — how long does alimony last? It depends on the marriage. In California, marriages lasting under 10 years are often considered “short-term,” and spousal support typically lasts about half the length of the marriage. For marriages over 10 years, support can continue indefinitely (though still subject to modification if circumstances change).
For example, for a six-year marriage, support might last about three years. For a 15-year marriage, support could be ongoing until the recipient becomes self-sufficient or a judge orders otherwise.
Spousal support can be modified or ended at any time. Support may be changed if either spouse’s financial circumstances shift significantly. Some examples include job loss, retirement, or remarriage of the recipient spouse. In cases involving long-term marriages, support doesn’t automatically end but may be reviewed periodically.
Other Considerations
Bonuses, commissions, and irregular income may factor into spousal support. Judges can order support as a base monthly amount plus a percentage of additional income. This ensures fairness when one spouse earns fluctuating income from bonuses, commissions, or self-employment.
Also, there are tax consequences to consider when calculating support. The federal laws changed in 2019, so spousal support is no longer tax-deductible for the payer nor taxable income for the recipient. California courts must consider these laws when deciding what is fair for both parties.
Courts consider child support before spousal support. Child support is always prioritized. Courts calculate child support first, and only then determine how much spousal support is appropriate. This prevents overburdening the paying spouse while ensuring children’s needs come first.
If you are receiving spousal support, keep in mind that a new partner or remarriage can affect support. If the recipient spouse remarries, spousal support automatically ends in most cases. Cohabitation with a new partner can also reduce or terminate support if it lowers the spouse’s financial need.
There are online calculators for spousal support in California. Many counties provide spousal support calculators, but these are for temporary orders only. These are helpful estimates but do not reflect what a judge might decide for permanent support, since those are based on broader discretionary factors.
Finally, the court does not necessarily have to decide on spousal support. Spouses can opt to agree on a support amount instead of letting the court decide. In fact, many couples negotiate a marital settlement agreement that includes spousal support terms. Courts usually approve these agreements as long as they’re fair, even if the amount differs from what a judge might have ordered.
Contact Us Today
Nobody wants to pay alimony to a former spouse, but in some cases, it is necessary to help a financially underprivileged person get back on their feet. If you are in this situation, make sure you have a good idea of what you can expect to pay or receive.
Arcadia spousal support attorney Ashley A. Andrews, APC, can provide you with experienced legal support with a caring touch. We can help minimize stress and conflict. To schedule a consultation, fill out the online form or call (626) 346-0114.