CALIFORNIA FAMILY LAW

The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are listed below, as well as in California Family Code §4320.

Marital misconduct (with two exceptions) is not a factor to be considered in determining the availability of support. The goal is to make the supported spouse self-supporting within a reasonable period of time, generally considered to be half the length of the marriage, unless the court finds the marriage to be long-term. If a marriage is over 10 years, it is generally considered to be a long-term marriage.

Permanent spousal support is determined by looking at the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account the following factors:

• Marketable skills of the supported party, job market for those skills, the time/expense required to develop these skills, and need for retraining or education
• Extent to which the supported party’s present or future earning capacity is impaired by period of unemployment during the marriage due to domestic duties
• The extent to which the supported party contributed to the attainment of an education, training, career or license for the supporting party
• The ability of the supporting party to pay spousal support
• The needs of each party based on standard of living established during marriage
• Obligations and assets of each party
• Duration of the marriage
• Ability of supported party to engage in gainful employment without unduly interfering with the interests of dependent children
• The age and health of the parties
• Documented evidence of history of domestic violence between the parties
• Immediate and specific tax consequences to each party
• Balance of hardships to each party
• The goal that the supported party shall be self supporting within a reasonable timeframe
• Any other factors determined to be just and equitable.

Will I have to pay spousal support?

The court may order you to pay spousal support. The court will consider the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account a variety of factors including, but not limited to the marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment; the length of the marriage; the extent the supported party contributed to the education of the supporting party; the obligations and assets, including the separate property of each party.

How is spousal support calculated?

What happens if I remarry, do I still get to receive spousal support?

How do I modify the current order for spousal support?

The court may require the nonworking spouse to make reasonable efforts to provide for his or her own support needs. The court may order the nonworking spouse to submit applications for employment, attend job training seminars, etc. all as a condition of receiving support. The court also may impute income to the nonworking spouse as if the spouse was employed at a particular skill level. If the court believes that the nonworking spouse is a malingerer, the court is empowered to terminate or modify spousal support accordingly.

What are the consequences of the supported party moving in with a member of the opposite sex?

How long do I have to pay spousal support?

If the other spouse refuses to work, what remedy do I have?

The court may require the nonworking spouse to make reasonable efforts to provide for his or her own support needs. The court may order the nonworking spouse to submit applications for employment, attend job training seminars, etc. all as a condition of receiving support. The court also may impute income to the nonworking spouse as if the spouse was employed at a particular skill level. If the court believes that the nonworking spouse is a malingerer, the court is empowered to terminate or modify spousal support accordingly.