What Can Disqualify Me from Spousal Support in California?
California Divorce, Spousal Support

What Can Disqualify Me from Spousal Support in California?

Any divorce can be challenging, especially when it comes to financial matters like spousal support. However, not every spouse is guaranteed this assistance. CA Certified Family Law Specialist Judy L. Burger discusses several factors that can disqualify an individual from receiving spousal support.

What Is Spousal Support?

In California, spousal support is court-ordered financial assistance from one spouse to the other during or after a divorce or legal separation, intended to maintain the lower-earning spouse’s standard of living. A family law judge will consider several factors when determining the length and amount of spousal support, if any, to be awarded.

Spousal support aims to help the lower-earning spouse become self-sufficient and maintain a standard of living comparable to what they had during the marriage. 

There are three main types:

  1. Temporary support: Ordered during the divorce process to ensure financial stability until the divorce is finalized. 
  2. Permanent support: Ordered at the end of divorce proceedings, potentially lasting indefinitely, especially in long-term marriages. 
  3. Rehabilitative support: Designed to help the lower-earning spouse acquire skills or education to become self-supporting. 

CA Divorce Attorney Judy L. Burger can explain more about each type and the circumstances under which you can expect to receive each type of support.

Why Would a Judge Deny Spousal Support?

Spousal support in California is not automatically granted and can be influenced by various factors. Understanding what may disqualify you from spousal support is essential as you navigate the divorce process. Let’s explore these potential disqualifications in more detail.

Duration of the Marriage

One of the key factors influencing spousal support is the length of the marriage. Typically, marriages that have lasted less than 10 years may not warrant long-term support. Shorter marriages tend to result in temporary support, which may not extend beyond the divorce process. Conversely, long-term marriages (generally those lasting over 10 years) are more likely to result in a higher likelihood of spousal support, but this can vary based on individual circumstances.

Ability to Self-Support

The court will evaluate each spouse’s ability to support themselves financially after the separation. If the receiving spouse is deemed capable of earning a sufficient income or has substantial separate assets, the court may decide against awarding spousal support. This assessment typically considers factors like education, job experience, and the availability of employment opportunities.

Adultery or Fault in the Marriage

While California is a no-fault divorce state, meaning that neither spouse is required to prove wrongdoing to obtain a divorce, the court may consider issues such as infidelity when determining spousal support. If one spouse’s actions (like committing adultery) are found to be the cause of the divorce, it may negatively impact their eligibility for support.

Remarriage of the Receiving Spouse

If the spouse who is receiving support remarries, they may automatically become ineligible to continue receiving spousal support. The rationale behind this rule is that a new marriage typically provides financial support and stability that diminishes the need for spousal support from the former partner.

Cohabitation with a New Partner

Similar to remarriage, if the receiving spouse begins cohabiting with another person in a romantic relationship, the court may consider this a reason to disqualify them from spousal support. Cohabitation can imply financial support from the new partner, which can lessen the necessity for ongoing spousal support.

Failure to Make a Good Faith Effort

The court expects the receiving spouse to make a reasonable effort to become self-sufficient. If they fail to actively seek employment or refuse to accept job opportunities that match their qualifications, they may risk losing their right to spousal support. The obligation to demonstrate a good faith effort in finding employment can be a critical factor in support determinations.

Get Help Obtaining Spousal Support In a California Divorce

By being informed about the conditions surrounding spousal support, you can better prepare yourself for the financial aspects of divorce and make decisions that align with your long-term well-being.

If you find yourself needing guidance, schedule a consultation with CA Certified Family Law Specialist Judy L. Burger. She is an experienced family law attorney who can provide personalized legal advice based on your situation.

 

California Divorce, Spousal Support

What is the Difference Between Temporary Spousal Support and Permanent Spousal Support?

The term “spousal support” is discussed frequently regarding California divorces, but many people aren’t aware that there are different types of spousal support.  In California, a court can award either temporary or permanent spousal support depending on the situation.

As a preliminary matter, spousal or partner support in California cannot be ordered by a judge until a court case is started. The court case is usually a divorce, legal separation or annulment, but can also be a domestic violence restraining order. The difference between a “temporary” and “permanent” support order is the time that it is entered and the duration.

A spouse or domestic partner can request a support order to be paid while the case is going on.  This is a “temporary” support order as it is established temporarily to support a party during the case duration. This type of order is known under California law as a “temporary spousal support order” or a “temporary partner support order.” Particularly in situations involving domestic violence, a temporary support order is vital to ensuring the financial stability of a party during the course of proceedings.

For temporary spousal or partners support, a formula is often used to calculate the amount.  This formula can vary depending on which California county you are in. The court’s local rules for each county should explain how temporary support is calculated. 

As an example, in Marin County, the local rules state that the presumed amount of temporary spousal support is 40% of the net income of the party paying support, minus 50% of the net income of the supported party.  In the case where the supported party is also receiving child support, those percentages change to 35% of the net income of the payor (minus child support) minus 45% of the net income of the supported party (without considering child support received). 

As you can see, the calculation of temporary spousal support can be complicated and varies based on the county in which your case is pending.  This is why it is so important to hire an experienced divorce attorney to help you with the calculations of spousal support as soon as you file your case.

A “permanent” spousal or partner support order is usually entered at the end of a case when the judge makes a final determination regarding an award or the parties enter into a binding agreement.  This order will become part of the final divorce or separation decree and judgment.  There are various factors set out by California law that a judge will consider when determining an award of permanent spousal or partner support.  For more information on those factors, see our previous blog post here.

If you want to learn more about whether you qualify for spousal or partner support in your California divorce, separation, annulment, or domestic violence case, contact the attorneys at the Law Offices of Judy L. Burger right away.  Our office has years of experience helping clients obtain the support they deserve.  Call us now at (415) 293-8314.

permanent spousal support
California Divorce, Spousal Support

Permanent Spousal Support: What Factors do Courts Consider?

In California, a court can award one party permanent support as part of divorce proceedings. This award is called “spousal support” for married couples and “partner support” for domestic partnerships. It is also sometimes referred to as “alimony.” 

California law has established specific requirements to guide judges in determining awards of spousal support in divorce proceedings. Prior to entering an award of permanent spousal support, a California judge is required to consider the factors set forth in California Family Code Section 4320. 

First, the judge will look at the earning potential of each party and decide whether they can maintain the same standard of living established during the marriage.  As part of this the judge will look at the marketable skills of the party asking for support, the time and expense it will take a supported party to develop marketable skills, and the impact of periods of unemployment on the supported party’s future job prospects (for example, a parent who stayed home with the children for several years and may now have trouble finding a job).

The judge will then consider the following factors:

  • Whether the party seeking support helped the other person obtain training, education, a career position, or licensing;
  • Whether the supporting party can afford to pay spousal support. This includes a consideration of their earning capacity, assets, and standard of living;
  • Each party’s monetary needs to maintain the same standard of living;
  • The debts and assets of each party, including separate property;
  • How long the marriage lasted;
  • Whether or not the party seeking support can work full-time without interfering with the interests of dependent children;
  • The health and age of the parties;
  • Documented evidence of any history of domestic violence or criminal convictions of an abusive spouse; and
  • Tax consequences to each party.

After considering these factors, the judge will balance the hardships to all parties and review any other factors that the court believes are fair and relevant to the determination.  The judge will then determine an award for spousal or partner support that will become a part of the final divorce or legal separation order. 

Spousal support determinations in California involve complex legal issues.  It is vital for you to be represented by an experienced California divorce attorney to ensure that you receive the awards that you deserve.  The attorneys at the Law Offices of Judy L. Burger have years of experience obtaining favorable support awards for their clients. Call today to find out how our attorneys can help: (415) 293-8314.